McKenzie v. Hopkins — 105 N.Y.S. 1129

Majority

p. 1129

McKENZIE, Respondent, v. HOPKINS, Appellant.

(Supreme Court, Appellate Division, Second Department.

July 9, 1907.)

Headnote

Action by George W. McKenzie against Henry D. Hopkins.

Judgment of the Municipal Court reversed, and new trial ordered, costs to abide the event, unless within 20 days plaintiff stipulate to reduce the recovery to the sum of $250, in. which event the judgment, as reduced, is affirmed, without costs of this appeal.

HIRSCHBERG, P, J., and MILLER, J., dissent.