Andrew P. Koeszegi, Inc. v. Kizer

245 A.D. 701

Opinion

Per Curiam.

The testimony offered by the plaintiff tended to show that the Van Fleet order of November 19, 1929, procured through a party other than the defendant Sara J. Kizer, was improperly excluded.

The judgment so far as appealed from should, therefore, be reversed and a new trial granted, with costs to the appellant to abide the event, unless the defendants stipulate to reduce the judgment as entered by the sum of $588.30, in which event the judgment as so modified is affirmed, without costs.

Present — Martin, P. J., Merrell, McAvoy, O’Malley and Untermyer, JJ.

Judgment so far as appealed from reversed and a new trial ordered, with costs to the appellant to abide the event, unless the defendants stipulate to reduce the judgment as entered by the sum of $588.30, in which event the judgment as so modified is affirmed, without costs. Settle order on notice.