Opinion
Argued January 20, 1937
Decided March 9, 1937
Appeal from the Supreme Court, Appellate Division, Second Department.
Talbot M. Malcolm and Earl A. Darr for plaintiff, appellant and respondent.
James C. Sweeney and James H. Cavanaugh for defendant, respondent and appellant.
Judgment of the Appellate Division modified by striking out the items of $1,200 and $564.62, aggregating $1,764.62, with interest from July 1, 1932, and as thus modified affirmed, without costs. The Appellate Division had no power to increase a verdict reduced by stipulation of the plaintiff. Appeal by plaintiff dismissed, without costs. No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, LOUGHRAN, FINCH and RIPPEY, JJ. Taking no part: HUBBS, J.