Appellate Division of the Supreme Court of New York, 1938

Vahue v. Beiker

Vahue v. Beiker
Appellate Division of the Supreme Court of New York · Decided June 28, 1938
254 A.D. 928; 6 N.Y.S.2d 746; 1938 N.Y. App. Div. LEXIS 8329
Vahue v. Beiker

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 of this appeal to either party. The guardian ad litem, is granted permission to stipulate the reduction. All concur. (The judgment is for plaintiff in an automobile negligence action. The order denies a motion for a new trial.) Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.

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