Appellate Division of the Supreme Court of New York, 1941

Unger v. Capewell Horse Nail Co.

Unger v. Capewell Horse Nail Co.
Appellate Division of the Supreme Court of New York · Decided March 7, 1941
261 A.D. 940; 26 N.Y.S.2d 497; 1941 N.Y. App. Div. LEXIS 8180
Unger v. Capewell Horse Nail Co.

Opinion of the Court

— Judgment reversed and a .new trial ordered, with costs to the appellants to abide the event, unless the plaintiff stipulates *941to reduce the judgment as entered to the sum of $15,257.45; in which event the judgment as so modified is affirmed, without costs. No opinion. Present — Martin, P. J., Untermyer, Dore, Cohn and Callahan, JJ.; Martin, P. J., dissents and votes to reverse and grant a new trial on the ground that the verdict is against the weight of the credible evidence. Settle order on notice.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.