SCHMIDT v. CITY OF NEW YORK


13 A.D.2d 478 (1961)

Judith C. Schmidt, Respondent, v. City of New York, Defendant-Appellant and Third-Party Plaintiff-Appellant. Vincent Margiotta, Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 21, 1961


Judgment in favor of plaintiff in the sum of $20,211, and dismissing the third-party complaint, reversed, on the law and on the facts, the verdict vacated, and a new trial granted, with costs to defendant-appellant, unless plaintiff stipulates to accept $15,000 in lieu of the award by verdict, in which event the judgment is modified to that extent, and is affirmed as thus modified, with costs to defendant-appellant.

In this personal injury action, it is evident that...

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