Gericke v. Bischoff — 125 N.Y.S. 1121

Majority

p. 1121

GERICKE v. BISCHOFF et al.

(Supreme Court, Appellate Division, First Department.

October 28, 1910.)

Headnote

Appeal from Trial Term, New York County. Action by Emma Gericke against Henry Bischoff and others. Judgment for plaintiff; and defendants appeal. Reversed, and new trial ordered.

Albert P. Massey, for appellants. Clifford C. Roberts, for respondent.

The judgment and order denying the motion for a new trial should be reversed and a new trial ordered, with costs to the appellants to abide the event, unless the plaintiff stipulates to deduct from the amount of the verdict the sum of $50 and interest from the date she received the same, in which event the judgment as so modified and said order should be.affirmed, with costs to the respondent. The appeal from the order denying the motion for reargument should be dismissed, with $10 costs. Settle order on notice.