Buell v. Kirby — 155 N.Y.S. 1096

Majority

p. 1096

BUELL, Respondent, v. KIRBY, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

October 13, 1915.)

Headnote

Action by Ward S. Buell against La vina Kirby,

Judgment and order reversed, and new trial granted, with costs to appellant to abide event, unless the plaintiff shall, within 20 days, stipulate that the verdict may be reduced by the sum of $39 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,