MOYER v. MASTROE


24 A.D.2d 830 (1965)

Bernell Moyer, as Administrator of The Estate of Joyce Moyer, Deceased, Appellant, v. Mary L. Mastroe, as Administratrix of The Estate of John J. Fishbaugh, Deceased, et al., Respondents

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

October 21, 1965


Judgment and order insofar as they are in favor of defendant Adams unanimously affirmed, without costs of this appeal to either party. Judgment insofar as it is in favor of plaintiff Moyer against defendant Mastroe unanimously reversed on the facts and a new trial granted on the issue of damages only, unless the defendant shall, within 10 days, stipulate to increase the verdict to the sum of $12,000, as of the date of the rendition thereof, in which event, the judgment is...

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