Tschida v. Continental Casualty Co.

Judgment, unanimously modified, on the law and on the facts, to increase the recovery by plaintiff against defendant by the sum of $4,290, with interest, making a total recovery of $6,364.64, with interest, and judgment otherwise affirmed, without costs or disbursements. On this appeal from a judgment rendered following trial by the court without a jury, unless we affirm, we should grant the judgment which the court below ought to have granted (see Society of N. Y. Hosp. v. Burstein, 22 A D 2d 768, and cases cited) and, on the basis of the record, we conclude that the plaintiff is entitled to…