Corporations

Eleanor Kohler, Respondent, v. The Mitchell H. Mark Realty Corporation, Appellant

190 A.D. 919·New York Supreme Court, Appellate Division·1919·NY

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Opinion

Eleanor Kohler, Respondent, v. The Mitchell H. Mark Realty Corporation, Appellant. Owing to the conflict regarding plaintiff’s physical injuries, both as to their cause and probable duration, and the inadvertent disclosure that defendant’s liability was protected by insurance, we reduce the recovery. The judgment and order are, therefore, reversed and a new trial granted, with costs to abide the event, unless within twenty days plaintiff stipulate to reduce her recovery to the sum of $2,000, in which event the judgment, as so modified, and the order are affirmed, without costs of this appeal to either party. [MAJORITY] Rich, Putnam, Kelly and Jaycox, JJ., concur; Jenks, P. J., not voting.