General

Mildred Farmer, Respondent, v. J. Gordon Witmer and Arthur R. Middleton, Appellants

259 A.D. 1062·New York Supreme Court, Appellate Division·1940·NY

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Opinion

Mildred Farmer, Respondent, v. J. Gordon Witmer and Arthur R. Middleton, Appellants. [MAJORITY] Judgment and order reversed on the facts and a new trial granted, with costs to the appellants to abide the event, unless the plaintiff shall, within ten days, stipulate to reduce the verdict to the sum of $2,000 as of the date of the rendition thereof, in which event the judgment is modified accordingly and, as so modified, is, together with the order, affirmed, without costs of this appeal to any party. All concur. (The judgment is for plaintiff in an action for damages for malicious prosecution. The order denies a motion for a new trial.) Present — Crosby, P. J., Cunningham, Taylor, Dowling and McCurn, JJ.