Unger v. Capewell Horse Nail Co.

Appellate Division of the Supreme Court of New York

Unger v. Capewell Horse Nail Co.

261 A.D. 940, 26 N.Y.S.2d 497, 1941 N.Y. App. Div. LEXIS 8180

Appellate Division of the Supreme Court of the State of New York·Decided March 7, 1941·Published

Opinion

— Judgment reversed and a .new trial ordered, with costs to the appellants to abide the event, unless the plaintiff stipulates [941]*941to reduce the judgment as entered to the sum of $15,257.45; in which event the judgment as so modified is affirmed, without costs. No opinion. Present — Martin, P. J., Untermyer, Dore, Cohn and Callahan, JJ.; Martin, P. J., dissents and votes to reverse and grant a new trial on the ground that the verdict is against the weight of the credible evidence. Settle order on notice.

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— Judgment reversed and a .new trial ordered, with costs to the appellants to abide the event, unless the plaintiff stipulates [941]*941to reduce the judgment as entered to the sum of $15,257.45; in which event the judgment as so modified is affirmed, without costs. No opinion. Present — Martin, P. J., Untermyer, Dore, Cohn and Callahan, JJ.; Martin, P. J., dissents and votes to reverse and grant a new trial on the ground that the verdict is against the weight of the credible evidence. Settle order on notice.

Unger v. Capewell Horse Nail Co., 261 A.D. 940, 26 N.Y.S.2d 497, 1941 N.Y. App. Div. LEXIS 8180 (N.Y. Ct. App. 1941).

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