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Smith v. Justice

157 N.Y.S. 1145 Court N.Y. App. Div. Decision date 1916-01-22 English

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p. 1145
Lillian R. SMITH, respfc, v. Robert R. JUSTICE, applt.
(Supreme Court, Appellate Division, Fourth Department.
January 22, 1916.)

Appeal from Trial Term, Monroe County. Judgment and order reversed and new trial granted, with costs to appellant to abide event, unless the plaintiff shall, within 20 days, stipulate to reduce the verdict to the sum of $500 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. See per curiam memorandum in case of John W. Smith v. Robert R. Justice, supra, decided herewith. All concur.