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Simms v. Calcagnino

47 N.Y.S. 1148 Court N.Y. City Ct. Decision date 1897-10-26 English

Delivered by SCHUCHMAN, J.

Contents

Majority

p. 1148
SIMMS, Respondent, v. CALCAGNINO, Appellant.
(City Court of New York, General Term.
October 26, 1897.)

Headnote

Action by William G. Simms, Jr., against Francisco Calcagnino.
A. & C. Steckler, for appellant.
Mandelbaum Bros., for respondent.

This is an appeal from a judgment entered on the verdict of a jury, and from an order denying a motion for a new trial. We have carefully examined the testimony and rulings in this case, and are of the opinion that the plaintiff should recover the amount claimed by him on March 15, 1897, as appears by the defendant’s Exhibit 2, of $538.22, with interest. If the plaintiff consents to reduce the verdict to that amount within five days from the entry of the order on this appeal, the judgment and order appealed from will be affirmed, with costs; otherwise we think that justice requires that the judgment and order appealed from should be reversed, and a new trial granted, with costs to abide the event. FITZSIMONS, J., concurs.