General
Thomas P. Marren, Respondent, v. William Robitzek, as Trustee under the Will of Edward Robitzek, Appellant
262 A.D. 719·New York Supreme Court, Appellate Division·1941·NY
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Opinion
Thomas P. Marren, Respondent, v. William Robitzek, as Trustee under the Will of Edward Robitzek, Appellant.
[MAJORITY]
Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event, unless the plaintiff stipulates to reduce the judgment as entered to the sum of $3,655; in which event the judgment as so modified is affirmed, without costs. No opinion. Settle order on notice. Present — Martin, P. J., O’Malley, Glennon, Untermyer and Dore, JJ.