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Scarpati v. Metropolitan Street Railway Company

Appellate Division of the Supreme Court of New York, First Department
Feb 1, 1902
69 App. Div. 609 (N.Y. App. Div. 1902)

Opinion

February Term, 1902.

Present — Van Brunt, P.J., O'Brien, Ingraham and Hatch, JJ.


Upon plaintiff stipulating to reduce judgment as entered to $10,996.95, judgment as so reduced and order affirmed, without costs, otherwise, judgment and order reversed, new trial ordered, costs to appellant to abide event.


The amount of damages awarded in this case is clearly excessive. If the plaintiff will stipulate to reduce the judgment as entered to the sum of $10,996.95, the same as so reduced, and the order denying motion for new trial, will be affirmed, without costs to either party on this appeal. Unless such stipulation be given, the judgment and order will be reversed and a new trial ordered, with costs to the appellant to abide event.


Summaries of

Scarpati v. Metropolitan Street Railway Company

Appellate Division of the Supreme Court of New York, First Department
Feb 1, 1902
69 App. Div. 609 (N.Y. App. Div. 1902)
Case details for

Scarpati v. Metropolitan Street Railway Company

Case Details

Full title:Giuseppa Scarpati, as Administratrix, etc., of Vingenzo Scarpati…

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

Date published: Feb 1, 1902

Citations

69 App. Div. 609 (N.Y. App. Div. 1902)