Ziemer v. Surface Transportation Corp.

258 A.D. 714 Court N.Y. App. Div. Decision date 1939-10-20 English

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Majority

p. 714

Carolyn Ziemer, Respondent, v. Surface Transportation Corporation of New York, Appellant.

Judgment unanimously reversed and a new trial ordered,

p. 715

with costs to the appellant to abide the event, unless the plaintiff stipulates to reduce the judgment as entered to the sum of $5,175.10; in which event the judgment as so modified is affirmed, without costs. No opinion. Settle order on notice. Present — Martin, P. J., Glennon, Untermyer, Dore and Cohn, JJ.