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Kurtz v. William B. Riker & Son Co.

130 N.Y.S. 1117 Court N.Y. App. Term Decision date 1911-06-29 English

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p. 1117
KURTZ v. WILLIAM B. RIKER & SON CO.
(Supreme Court, Appellate Term.
June 29, 1911.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Third District. Action by May Kurtz against the William B. Riker & Son Company. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Affirmed on condition of remittitur.
Nadal, Jones & Mowton, for appellant.
William D. Rosier, for respondent.

We have examined the grounds urged by the appellant for the reversal of this judgment and are satisfied that they are without merit The evidence adduced did not, however, in our opinion, justify the amount of damages which the court awarded plaintiff. Judgment reversed, and new trial ordered, with costs to appellant to abide the event, unless the respondent, in 10 days after the entry of the order upon this judgment, stipulates to reduce the judgment to $100 and appropriate costs in the court below, in which event the judgment, as modified, is affirmed, without costs of this appeal to either party.