Weigner v. New York City Interborough Railway Co.

257 A.D. 941 Court N.Y. App. Div. Decision date 1939-06-16 English

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Mortimer R. Weigner, Respondent, v. New York City Interborough Railway Company, Appellant.

Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event, unless plaintiff stipulates to reduce the judgment as entered to the sum of $10,135.75, in which event the judgment as so modified is affirmed, without costs. No opinion. Settle order on notice. Present — Martin, P. J., O’Malley, Townley, Cohn and Callahan, JJ.