Judgment of Appellate Division modifying and affirming judgment of Trial Term affirmed and order granting new trial affirmed and judgment absolute ordered against appellant on the stipulation, with costs; no opinion. Concur: His cock, Ch. J., Chase, Hogan, Cardozo, McLaughlin, Crane and Elkus, JJ.
Charles Leopold, Respondent, v. The City of New York, Appellant
229 N.Y. 555
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