Appellate Division of the Supreme Court of New York, 1939

Freed v. City of New York

Freed v. City of New York
Appellate Division of the Supreme Court of New York · Decided April 17, 1939
256 A.D. 1094; 11 N.Y.S.2d 397; 1939 N.Y. App. Div. LEXIS 6255
Freed v. City of New York

Opinion of the Court

In an action to recover damages for the death of plaintiff’s daughter Norma, aged five years and nine months, plaintiff appeals from an order which vacated and set aside the verdict of the jury in favor of plaintiff for $17,000, unless plaintiff stipulated to reduce the verdict to $5,000. Order affirmed, without costs. No opinion. Lazansky, P. J., Hagarty and Johnston, JJ., concur; Carswell and Close, JJ., dissent and vote to modify the order by changing the amount to be stipulated from $5,000 to $12,000, and, as thus modified, to affirm, without costs.

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