Bailey v. New York Telephone Co.

269 A.D. 774 Court N.Y. App. Div. Decision date 1945-05-25 English

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p. 774

Mabel A. Bailey, Respondent, v. New York Telephone Company, Appellant.

Judgment unanimously reversed and a new trial ordered, with costs to

p. 775

the appellant' to abide the event unless the plaintiff stipulates to reduce the judgment as entered to the sum of $5,296.75, in which event the judgment as so modified is affirmed, without costs. No opinion. Present — Martin, P. J., Glennon, Untermyer, Cohn and Callahan, JJ.; Untermyer, J., taking no part. Settle order on notice.