Perry v. Bates

Appellate Division of the Supreme Court of New York

Perry v. Bates

93 N.Y.S. 1144

Procedural entryThis page is a short order in Perry v. Bates. Read the opinion of the Court — 115 A.D. 337 →

Appellate Division of the Supreme Court of the State of New York·Decided April 7, 1905·Published

Opinion

PER CURIAM.

The order appealed from should be modified, so as to read as follows: “Ordered that said motion be, and the same hereby is, granted, so far as to set aside the verdict; and a new trial is hereby ordered, without costs.” And the judgment should be modified, so as to read as follows: “Adjudged that the said verdict be, and the same hereby is, vacated and set aside, and a new [1145]*1145trial is ordered, without costs.” As so modified, the order and judgment are affirmed, without costs of appeal.

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PER CURIAM.

The order appealed from should be modified, so as to read as follows: “Ordered that said motion be, and the same hereby is, granted, so far as to set aside the verdict; and a new trial is hereby ordered, without costs.” And the judgment should be modified, so as to read as follows: “Adjudged that the said verdict be, and the same hereby is, vacated and set aside, and a new [1145]*1145trial is ordered, without costs.” As so modified, the order and judgment are affirmed, without costs of appeal.

Perry v. Bates, 93 N.Y.S. 1144 (N.Y. Ct. App. 1905).

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