Appellate Division of the Supreme Court of New York, 1958

Van Dyke Oil Portraits, Ltd. v. E. Fiehl Ltd.

Van Dyke Oil Portraits, Ltd. v. E. Fiehl Ltd.
Appellate Division of the Supreme Court of New York · Decided February 25, 1958 · Bastow, Botein, Frank, McNally, Stevens
5 A.D.2d 824; 170 N.Y.S.2d 784; 1958 N.Y. App. Div. LEXIS 6852
Van Dyke Oil Portraits, Ltd. v. E. Fiehl Ltd.

Opinion of the Court

Amended and resettled judgment of July 6, 1956 is unanimously reversed and a new trial ordered, with costs to the appellant to abide the event unless plaintiff-respondent agrees to reduce the verdict to the sum of $16,500, in which event, said judgment, as so modified, is affirmed, without costs. The appeal from the judgment entered June 7, 1956 is dismissed. No opinion: Settle order on notice.

Concur — Botein, P. J., Frank, McNally, Stevens and Bastow, JJ.

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