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Garvey v. Dairy Delivery Service Co.

269 A.D. 651 Court N.Y. App. Div. Decision date 1945-02-02 English

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p. 651
Anthony T. Garvey, as Administrator of the Estate of Mary K. Garvey, Deceased, Respondent, v. Dairy Delivery Service Co., Inc., 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 the sum of $41,363.75, in which event the judgment as so modified and the order appealed from are affirmed, without costs. No opinion. Settle order on notice. Present — Martin, P. J., Townley, Glennon, Cohn and Callahan, JJ.