Appellate Division of the Supreme Court of New York, 1945

Jack v. Saks & Co.

Jack v. Saks & Co.
Appellate Division of the Supreme Court of New York · Decided January 2, 1945
268 A.D. 1046; 52 N.Y.S.2d 804; 1945 N.Y. App. Div. LEXIS 5431
Jack v. Saks & Co.

Opinion of the Court

Action to recover damages for personal injuries sustained when plaintiff, while delivering merchandise at defendant’s delivery office, fell down a chute located at one side of the room. Judgment entered in favor of plaintiff upon the verdict of a jury reversed on the facts and a new trial granted, with costs to abide the event, unless within ten days from the entry of the order hereon plaintiff stipulate to reduce the verdict to the sum of $6,617.12, in which event the judgment, as so reduced, is unanimously affirmed, without costs. Ho opinion. Hagarty, Acting P. J., Carswell, Johnston, Adel and Aldrich, JJ., concur.

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