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WALLS v. POSNER

25 A.D.2d 787 (1966)

James Walls, Appellant, v. Max Posner, Individually and Doing Business as Max Posner Delivery Service, Respondent

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

April 25, 1966

Judgment reversed, on the law and the facts, and new trial granted, with costs to abide the event, unless, within 20 days after entry of the order hereon, defendant shall serve and file a written stipulation consenting to increase to $1,500 the amount of the verdict in plaintiff's favor and to the entry of an amended judgment accordingly, in which event the judgment, as so increased and amended, is affirmed, with costs to appellant.

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