
    GARTNER v. NOVICK et al.
    (Supreme Court, Appellate Term.
    December 16, 1908.)
    Appeal and Error (§ 1013)—'Verdict—Insufficiency of Evidence.
    Where there is not sufficient evidence to warrant the damages awarded by the trial justice, the judgment will be reversed, and a new trial ordered.
    [Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. § 3993; Dec. Dig. § 1013.*]
    Appeal from Municipal Court, Borough of Manhattan, Second District.
    
      Action by Morris Gartner against Louis Novick and another, composing the firm of Novick Bros. From a judgment for plaintiff, defendants appeal.
    Reversed, and a new trial ordered.
    Argued before GIEGERICH, HENDRICK, and FORD, JJ.
    Abraham Henig (Max Silverstein, of counsel), for appellants.
    Rosansky & Goldberg (Julius Rosansky, of counsel), for respondent.
    
      
      For other oases see same topic & § number in Dec. & Am. Digs. 1907 to date, & Rep’r Indexes
    
   PER CURIAM.

There was not sufficient evidence to warrant the finding of damages in the sum of $140, which was the amount the trial justice awarded. The judgment should therefore be reversed and a new trial ordered, with costs to the appellant to abide the event.  