Stern v. Rona

This action does not involve a liquidated amount so that it may be said that if plaintiff is' entitled to anything he is entitled to a certain specified sum as a matter of law. The amount was, the subject of dispute between the parties. Under the circumstances it was for the jury to determine upon the evidence what, if anything, was due the plaintiff and the trial court was without power to award more than the jury found to be owing. (Amory v. Washington Steamboat Co., Limited, 120 App. Div. 818; Shayne v. White, 81 App. Div. 600: 53 A. L. R. 779 et seq.)

An examination of the record indicates…