Perry v. Bates — 93 N.Y.S. 1144

Majority

p. 1144

PERRY, Appellant, v. BATES, Respondent.

(Supreme Court, Appellate Division, First Department.

April 7, 1905.)

Headnote

Appeal from Special Term. Action by Alvan W. Perry against Benjamin L. M. Bates. From an order setting aside a verdict and dismissing the complaint, and from a judgment entered thereon, plaintiff appeals. Modified.

T. E. Wing, for appellant.

J. Delahunty, for respondent.

The order appealed from should be modified, so as to read as follows: “Ordered that said motion be, and the same hereby is, granted, so far as to set aside the verdict; and a new trial is hereby ordered, without costs.” And the judgment should be modified, so as to read as follows: “Adjudged that the said verdict be, and the same hereby is, vacated and set aside, and a new

p. 1145

trial is ordered, without costs.” As so modified, the order and judgment are affirmed, without costs of appeal.