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Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event, unless the plaintiff stipulates to reduce the judg
*1020 ment as entered to the sum of $5,177.70, in which event the judgment .as so modified is affirmed, without costs. No opinion. Settle order on notice. Present— Martin, P. J., Dore, Cohn, Wasservogel and Peek, JJ.
Document Info
Citation Numbers: 269 A.D. 1019
Filed Date: 12/14/1945
Precedential Status: Precedential
Modified Date: 1/12/2023