Buckley v. Collyer — 147 N.Y.S. 1101

Majority

p. 1101

BUCKLEY v. COLLYER.

(Supreme Court, Appellate Term, First Department.

April 22, 1914.)

Headnote

Appeal from City Court of New York, Trial Term. Action by Olive 0. Buckley against Herman L. Collyer. From a judgment of the City Court of the City of New York for plainti~, and from an order denying a new trial, defendant appeals.

Reversed, and new trial

ordered. Gi~ord, Hobbs & Beard, of New York City, for appellant.

Ernest W. Hofstatter (George A. Wyre, of Nyack, of counsel), for respondent.

The plainti~'s testimony is so contradicted by the documentary evidence, and the amount of the award seems so excessive, that it appears quite evident that the jury's verdict is not founded upon a proper consideration of the evidence, but is based on mistake or bias. Judgment is therefore reversed, and a new trial ordered, with costs to appellant to abide the event.

LEHMAN and WHITAKER, JJ., concur. PAGE, J., dissents.