Appellate Division of the Supreme Court of New York, 1938

Beckinghousen v. Jenco Bros.

Beckinghousen v. Jenco Bros.
Appellate Division of the Supreme Court of New York · Decided March 23, 1938
254 A.D. 643; 4 N.Y.S.2d 173; 1938 N.Y. App. Div. LEXIS 6852
Beckinghousen v. Jenco Bros.

Opinion of the Court

Judgment and order reversed on the facts and a new trial granted, with costs to the appellants to abide the event, unless the plaintiff shall, within ten days, stipulate to reduce the verdict to the sum of $3,000, as of the date of the rendition thereof, in which event the judgment is modified accordingly, and as so modified is, together with the order, affirmed, without costs to this appeal to any party. All concur. (The judgment is for plaintiff in an automobile negligence action. The order denies a motion for a new trial.) Present — Sears, P. J., Lewis, Cunningham, Taylor and Dowling, JJ.

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