Frank v. Frank

Judgment reversed upon the law and the facts, and a new trial granted, costs to abide the event, unless within ten days from the entry of the order herein plaintiff stipulate to reduce the recovery of damages to the sum of $5,000, in which event the judgment as so modified is affirmed, without costs. No opinion. Kelly, P. J., Manning and Young, JJ., concur; Jayeox and Kapper, JJ., dissent, and vote for reversal and a new trial, upon the ground that the verdict is contrary to the evidence.