Durocher v. Frank Mascali Sons, Inc.

Full title: HENRY DUROCHER, Respondent, v. FRANK MASCALI SONS, INC., Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 1, 1935

246 App. Div. 520 (N.Y. App. Div. 1935)

Opinion

October, 1935.

Present — Martin, P.J., Merrell, Townley and Glennon, JJ.

Action for personal injuries sustained by plaintiff owing to the negligence of defendant which operated a cement or concrete mixer owned and controlled by it. Judgment unanimously 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 $2,690.20; in which event the judgment as so modified is affirmed, without costs. No opinion. Settle order on notice.