Smith v. Dempsey — 102 N.Y. 655

Majority

p. 655

Adelaide S. Smith, Respondent, v. Patrick Dempsey et al., Appellants.

(Argued March 15, 1886;

decided March 26, 1886.)

Isaac Lawson and Frcmklin A. Paddock for appellants.

Nathaniel G. Moak for respondent.

Judgment reversed and case remitted to the Special Term for the determination of the motion for a new trial, on the ground that it had no power to annex to the order reducing the recovery a condition that it should be operative only in case the reduced amount should be paid, without costs to either party upon the appeal; no opinion.

All concur.

Judgment accordingly.