Opinion
November Term, 1902.
Present: Van Brunt, P.J., O'Brien, Ingraham, McLaughlin and Hatch, JJ.
Judgment reversed, new trial ordered, costs to appellants to abide event, unless respondent stipulates to reduce judgment as entered for damages, interest, costs and allowance to the sum of $3,171.57, together with interest thereon from the time of recovery; and, in the event of such stipulation being filed, judgment as so modified affirmed, without costs.
On the authority of Burhorn v. Lockwood ( 71 App. Div. 301) the judgment is reversed and new trial granted, with costs to appellants to abide event, unless the respondent stipulates to reduce the recovery by the difference between the price of the stock at sixty-six and one-half and sixty-two and seven-eighths, viz., by reducing the judgment as entered for damages, interest, costs and allowance to the sum of $3,171.57, together with interest thereon from the time of recovery; and, in the event of such stipulation being filed, the judgment as so modified is affirmed, without costs.