Noonan v. Luther — 127 N.Y.S. 1134

Majority

p. 1134

NOONAN, Respondent, v. LUTHER, Appellant.

(Supreme Court, Appellate Division, Third Department.

January 4, 1911.)

Headnote

Action by Jennie B. Noonan against Thomas C. Luther.

Judgment and order reversed, and new trial granted, with costs to appellant to abide event, unless plaintiff stipulates to reduce the verdict to $500, in which case judgment, as so modified, and order, affirmed, without costs. See, also, 128 App. Div. 673 , 112 N. Y. Supp. 898 .

KELLOGG and HOUGHTON, JJ., vote for absolute reversal.