Church v. Madden

Appellate Division of the Supreme Court of New York

Church v. Madden

260 A.D. 993, 25 N.Y.S.2d 789, 1940 N.Y. App. Div. LEXIS 5723

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 20, 1940

StatusPublished

This text of 260 A.D. 993 (Church v. Madden) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Church v. Madden, 260 A.D. 993, 25 N.Y.S.2d 789, 1940 N.Y. App. Div. LEXIS 5723 (N.Y. Ct. App. 1940).

Pincite

Opinion

Judgment and order reversed on the facts and a new trial granted, with costs to the appellants to abide the event, unless the plaintiff shall, -within ten days, stipulate to reduce the verdict to the sum of $3,000, as of the date of the rendition thereof, in which event the judgment is modified accordingly and, as so modified, is, together with the order, affirmed, without costs of this appeal to either party. All concur, except Harris, J., who dissents and votes for affirmance. (The judgment is for plaintiff in an automobile negligence action. The order denies a motion for a new trial.) Present — Cunningham, Taylor, Dowling, Harris and McCurn, JJ.

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Judgment and order reversed on the facts and a new trial granted, with costs to the appellants to abide the event, unless the plaintiff shall, -within ten days, stipulate to reduce the verdict to the sum of $3,000, as of the date of the rendition thereof, in which event the judgment is modified accordingly and, as so modified, is, together with the order, affirmed, without costs of this appeal to either party. All concur, except Harris, J., who dissents and votes for affirmance. (The judgment is for plaintiff in an automobile negligence action. The order denies a motion for a new trial.) Present — Cunningham, Taylor, Dowling, Harris and McCurn, JJ.

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Bluebook (online)

260 A.D. 993, 25 N.Y.S.2d 789, 1940 N.Y. App. Div. LEXIS 5723, Counsel Stack Legal Research, https://law.counselstack.com/opinion/church-v-madden-nyappdiv-1940.