Schwartz v. Earl Carroll Theatre, Inc.

254 A.D. 849 Court N.Y. App. Div. Decision date 1938-06-24 English

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Sol Schwartz, Respondent, v. Earl Carroll Theatre, Inc., Appellant.

Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event, unless the plaintiff stipulates to reduce the judgment as entered to the sum of $3,683.25; in which event the judgment as so modified is affirmed, without costs. No opinion. Settle order on notice. Present — Martin, P. J., Glennon, Dore, Cohn and Callahan, JJ.