Goldberg v. Cooper-Wigand-Cooke Co. — 108 N.Y.S. 1133

Majority

p. 1133

GOLDBERG, Respondent, v. COOPER—WIGAND-COOKE CO., Appellant.

(Supreme Court, Appellate Division, First Department.

January 24, 1908.)

Headnote

Action by David Goldberg against the Cooper-Wigand-Cooke Company.

J. V. Bpuvier, for appellant. I. N. Williams, for respondent.

Judgment and order reversed, and new trial ordered, costs to appellant to abide event, unless plaintiff stipulates to reduce judgment as entered to the sum of $3,614.84, including costs, etc., in which event the judgment, as so modified, and order, affirmed, without costs. Settle order on notice.

INGRAHAM, J., dissents, on the ground that the judgment should be reversed for error in the charge.