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Douglass v. City of New York

157 N.Y.S. 1123 Court N.Y. App. Div. Decision date 1916-02-28 English

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p. 1123
Daniel DOUGLASS, respondent, v. The CITY OF NEW YORK, appellant.
(Supreme Court, Appellate Division, Second Department.
February 28, 1916.)

Judgment and order reversed, and new trial granted, costs to abide the event, unless within 20 days plaintiff stipulate to reduce the judgment by deducting therefrom $1,730.36 for sheathing and $414 for blue-stone caps, and interest thereon, in which case the judgment, as so modified, and the order, are affirmed, without costs of this appeal. Jenks, P. J., and Thomas and Carr, JJ., concur. Mills and Rich, JJ., vote for affirmance.