Thomas v. N. Y. Life Ins.

I am of opinion that when the general term, does not reverse any finding of fact, it has the power to modify the judgment by altering the amount of damages recovered when the modification is a result of law upon the facts found (See Andrews v. Tyng, 94 N. Y. 17). Under the special circumstances of the case, I think it would be best that' neither party should have costs of appeal.

Freedman and O’Gorman, JJ., concurred.