Cook v. Village of Mohawk — 128 N.Y.S. 1119

Majority

p. 1119

COOK, Respondent, v. VILLAGE OF MOHAWK, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

March 31, 1911.)

Headnote

Action by William D. Cook against the Village of Mohawk.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event, unless the plaintiff shall, within 20 days, stipulate to reduce the verdict to the sum of $500 as of the date of the rendition thereof, in which event the judgment is modified accordingly, and, as so modified, is, together with the order, affirmed, without costs of this appeal to either party.

McLennan, P. J., and ROBSON, J., dissent, and vote for reversal.