Cummings v. City & Suburban Homes Co.

260 A.D. 1015 Court N.Y. App. Div. Decision date 1940-12-20 English

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p. 1015

Kathleen Cummings, Respondent, v. City and Suburban Homes Company, 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 $7,699.85; in which event the judgment as so modified is affirmed, without costs. No opinion. Settle order on notice. Present — Martin, P. J., Townley, Untermyer, Dore and Cohn, JJ.