General
Eleanor Jung, an Infant by Maximillian Jung, Her Guardian ad Litem, Maximillian Jung, Individually, Plaintiff, and Marion Jung, Respondent, v. Kesbec, Inc., Appellant, Impleaded with Another
250 A.D. 849·New York Supreme Court, Appellate Division·1937·NY
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Opinion
Eleanor Jung, an Infant by Maximillian Jung, Her Guardian ad Litem, Maximillian Jung, Individually, Plaintiff, and Marion Jung, Respondent, v. Kesbec, Inc., Appellant, Impleaded with Another.
[MAJORITY]
Judgment, so far as appealed from, unanimously reversed, the action severed, and a new trial ordered as to the plaintiff Marion Jung, with costs to the appellant to abide the event, unless the plaintiff Marion Jung stipulates to reduce the judgment as entered in her favor to the sum of $3,192.70; in which event the judgment as so modified is affirmed, without costs. No opinion. Settle order on notice. Present — Martin, P. J., Glennon, Untermyer, Dore and Cohn, JJ.