Opinion
October 8, 1951.
Present — Nolan, P.J., Carswell, Johnston, Sneed and MacCrate, JJ.
In a personal injury action, defendant appeals from an order which granted a motion to set aside a verdict for $38,500 only on the condition that plaintiff would not stipulate to reduce the verdict to $30,000, and also appeals from the original judgment and the judgment as modified after the filing of a stipulation to reduce. Order, and judgment as modified, unanimously affirmed, with costs. No opinion. Insofar as defendant appeals from the original judgment, the appeal is dismissed, without costs.