McGuire v. Churchill's Restaurant, Inc. (267 A.D. 763, 1943)

Judgment, and order denying plaintiff’s motion to set aside the verdict of the jury on the ground of inadequacy, unanimously reversed and said motion granted and a new trial ordered, with costs to the appellant to abide the event, unless the defendant Churchill’s Restaurant, Inc., stipulates to increase the judgment in favor of the plaintiff from $2,500 to $4,000 together with costs at Trial Term; in which event the judgment and the order as so modified are affirmed, without costs of this appeal. (See White-horn v. Tratval Corp., 259 App. Div. 816.) Settle order on notice. Present — Townley, Glennon, Untermyer, Cohn and Callahan, JJ.