Baldwin v. Bernheim

Judgment reversed on the law and the facts and a new trial granted, costs to abide the event, unless within five days from service of a copy of the order herein, plaintiff stipulate to reduce the verdict by the sum of $600, in which event the judgment as so modified is unanimously affirmed, without costs. This modification is on the theory that the evidence discloses that that is the sum which she advanced, against which the computation of damages is to be made under Fay v. McGuire (20 App. Div. 569; affd., 162 N. Y. 644) and Gardner v. Wood (37 Misc. 93). The documentary evidence and the…