Appellate Division of the Supreme Court of the State of New York July 1, 1902 (Healy v. Malcolm)

Van Brunt, P. J.:

We think that .the motion to set aside the certificate should have been granted. It appears by the admission of the plaintiff that his claim was materially reduced upon, the trial. It is no answer to this suggestion to say that upon the trial the plaintiff voluntarily consented to a reduction of his claim.