Opinion
March 9, 1949.
Plaintiff has applied for an order permitting him to reargue the appeal herein, or, in the alternative, to amend the decision and order of this court dated March 30, 1948, nunc pro tunc. In this action the jury rendered a verdict in plaintiff's favor and against the defendant for the sum of $60,000. On appeal, this court, one of the Justices dissenting, reversed the judgment on the law and facts and dismissed the complaint. The order and judgment of this court should have reversed the judgment appealed from only on the law. Plaintiff's application to reargue the appeal is denied, without costs. The application to amend the judgment is granted, and the judgment of this court entered in the clerk's office on March 30, 1948, is amended nunc pro tunc to read as follows: Judgment and order appealed from reversed on the law and complaint dismissed on the law, without costs. Foster, P.J., Heffernan, Brewster, Deyo and Santry, JJ., concur.