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McDermott v. City of New York

96 N.Y.S. 1134 Court N.Y. App. Div. Decision date 1905-12-30 English

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Majority

p. 1134
McDERMOTT, Respondent, v. CITY of NEW YORK, Appellant.
(Supreme Court, Appellate Division, First Department.
December 30, 1905.)

Headnote

Action by James McDermott against the city of New York. T. Connoly, for appellant. M. E. Kelley, for respondent.

Judgment reversed and new trial ordered, with costs to appellant to abide event, unless plaintiff stipulates to reduce judgment as entered, including interest, costs, and allowance, to the sum of $6,719.37, in which event the judgment, as so modified, is affirmed, without costs.