Hyperlawhypertext legal database Picken v. Smith 63 N.Y.S. 1114

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Picken v. Smith

63 N.Y.S. 1114 Court N.Y. App. Div. Decision date 1900-03-21 English

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p. 1114
PICKEN, Respondent, v. SMITH, Appellant.
(Supreme Court, Appellate Division, Fourth Department.
March 21, 1900.)

Headnote

Action by Albert J. Picken against Erskine D. Smith, impleaded, etc.

Judgment and order reversed, and a new trial ordered, with costs to the appellant to abide the event, unless the plaintiff stipulates to reduce the recovery to the sum of $5,000, in which- event the judgment and order, as thus modified, are affirmed, without costs of this appeal to either party.