Stanton v. Ætna Accident & Liability Co.

177 A.D. 954

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 15, 1916
• Status: Published

Opinion

Per Curiam:

We find no error prejudicial to defendant calling for a reversal of the judgment. According to the terms of the policy twenty-five dollars, is to be deducted from the amount of the loss when determined. We assume it has not been deducted and, therefore, modify the judgment by deducting it; but as the failure to deduct it was the defendant’s fault the modification of the judgment will not aifeet the question of costs. Judgment modified by deducting therefrom twenty-five dollars, and as so modified judgment and orders affirmed, with costs to the respondent. All concurred.