Appellate Division of the Supreme Court of New York, 1926

Stevenson v. James Butler, Inc.

Stevenson v. James Butler, Inc.
Appellate Division of the Supreme Court of New York · Decided January 15, 1926
215 A.D. 805
Stevenson v. James Butler, Inc.

Opinion of the Court

Judgment and order reversed and new trial ordered, with costs to the appellants to abide the event, unless the plaintiff stipulates to reduce the judgment as entered to the sum of $8,896.94; in which event the judgment as so modified and the order appealed from are affirmed, without costs. No opinion. Present — Clarke, P. J., Dowling, Finch, McAvoy and Martin, JJ.; Dowling and McAvoy, JJ., dissent and vote to reverse and grant new trial as to the defendant James Butler, Inc., on the ground that the verdict is against the weight of the evidence. Settle order on notice.

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