Garthe v. Ruppert

Appellate Division of the Supreme Court of New York

Garthe v. Ruppert

240 A.D. 968

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1933·Published

Opinion

Judgment and order order reversed and a new trial ordered, with costs to the appellant to abide the event, unless the plaintiff stipulates to reduce the judgment as entered to the sum of $20,182.78; in which event the judgment as so modified and the order appealed from are affirmed, without costs. No opinion. Present — Finch, P. J., Merrell, Martin, O’Malley and Untermyer, JJ.; Merrell and Martin, JJ., dissent and vote to reverse and dismiss the complaint. Settle order on notice.

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Judgment and order order reversed and a new trial ordered, with costs to the appellant to abide the event, unless the plaintiff stipulates to reduce the judgment as entered to the sum of $20,182.78; in which event the judgment as so modified and the order appealed from are affirmed, without costs. No opinion. Present — Finch, P. J., Merrell, Martin, O’Malley and Untermyer, JJ.; Merrell and Martin, JJ., dissent and vote to reverse and dismiss the complaint. Settle order on notice.

Garthe v. Ruppert, 240 A.D. 968 (N.Y. Ct. App. 1933).

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