Damon v. Doheny — 95 N.Y.S. 1124

Majority

p. 1124

DAMON, Respondent, v. DOHENY, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

November 29, 1905.)

Headnote

Action by George Damon against George Doheny, impleaded, etc.

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide event, unless the plaintiff stipulates to reduce the verdict to the sum ot $2,500, as of the date of the rendition thereof, in which event the judgment, as so modified, and the order, are affirmed, without costs of this appeal to either party.

HISCOCK, J., not voting.