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MAXWELL v. NEW YORK CITY TRANSIT AUTH.

14 A.D.2d 552 (1961)

George Maxwell, Respondent, v. New York City Transit Authority, Appellant

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

July 5, 1961

Judgment reversed on the facts, and a new trial granted, with costs to abide the event, unless, within 20 days after entry of the order hereon, plaintiff shall stipulate to reduce the verdict to $40,000, in which event the judgment, as so reduced, is affirmed, without costs. Order affirmed, without costs.

In our opinion, the jury was free to find that the accident served to aggravate plaintiff's congenital back condition...

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