Cannata v. Caricone

269 A.D. 1012 Court N.Y. App. Div. Decision date 1945-12-07 English

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George Cannata, Respondent, v. Dominick Caricone et al., Appellants.

Judgment unanimously reversed and a new trial ordered, with costs to the appellants to abide the event, unless the plaintiff stipulates to reduce the judgment as entered to $2,659.19, in which event the judgment as so modified is affirmed, without costs. Ho opinion. Settle order on notice. Present — Martin, P. J., Townley, Dore, Cohn and Wasservogel, JJ.