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Noonan v. Luther

141 N.Y.S. 1134 Court N.Y. App. Div. Decision date 1913-05-22 English

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p. 1134
NOONAN, Respondent, v. LUTHER, Appellant.
(Supreme Court, Appellate Division, Third Department.
May 22, 1913.)

Headnote

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

Judgment and order reversed, and new trial granted, with costs to appellant to abide event, upon the ground that the verdict is excessive, unless the plaintiff within 20 days stipulates to reduce the verdict to $500, in which case the judgment is so modified, and, as so modified, judgment and order affirmed, without costs of this appeal to either party. See, also, 142 App. Div. 922 , 127 N. Y. Supp. 1134 .

KELLOGG, J., votes for a reversal.