Byrne v. City of New York

109 N.Y.S. 1125 Court N.Y. App. Div. Decision date 1908-02-28 English

Contents

Majority

p. 1125

BYRNE, Respondent, v. CITY OF NEW YORK, Appellant.

(Supreme Court, Appellate Division, Second Department.

February 28, 1908.)

Headnote

Action by Margaret Byrne against the city of New York.

Judgment and order reversed, and new trial granted, costs to abide the event, unless within 20 days plaintiff stipulate to reduce the recovery of damages to the sum of $500, in which event the judgment, as modified, and order, are affirmed, with costs.

HOOKER, J., votes for affirmance.