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Frisbee v. Village of Port Byron

106 N.Y.S. 1126 Court N.Y. App. Div. Decision date 1907-10-19 English

Contents

Majority

p. 1126
FRISBEE, Appellant, v. VILLAGE OF PORT BYRON, Respondent.
(Supreme Court, Appellate Division, Fourth Department.
October 19, 1907.)

Headnote

Action by Elizabeth Frisbee against the village of Port Byron.

Order of affirmance previously entered herein amended by adding thereto, “with leave to plaintiff to elect to accept the amount of the verdict as reduced and as provided in the order appealed from,” said election to be made within 10 days, but upon condition that the plaintiff within 10 days after the entry of this order shall deliver to the defendant a stipulation permitting the defendant to appeal from the order denying his motion for a new trial and from the judgment entered herein, if any, and shall pay to the defendant $10 costs of this motion.