Sturz v. Leo — 273 N.Y. 550

Majority

p. 550

Karl Sturz, Appellant and Respondent, v. Michael J. Leo, Respondent and Appellant.

Argued January 20, 1937;

decided March 9, 1937.

p. 551

Talbot M. Malcolm and Earl A. Darr for plaintiff, appellant and respondent.

James C. Sweeney and James H. Cavanaugh for defendant, respondent and appellant.

p. 552

Judgment of the Appellate Division modified by striking out the items of $1,200 and $564.62, aggregating $1,764.62, with interest from July 1, 1932, and as thus modified affirmed, without costs. The Appellate Division had no power to increase a verdict reduced by stipulation of the plaintiff. Appeal by plaintiff dismissed, without costs. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Loughran, Finch and Rippey, JJ. Taking no part: Hubbs, J.