Majority
p. 909Loretta N. Disken and Others, Respondents, v. Harry L. Toplitz and Others Appellants, Impleaded with Calumet Construction Company and Others.
Headnote
Appeal from a judgment entered on the 15th day of February, 1909, after a trial at Special Term.The judgment appealed from should be modified by deducting from the recovery of the plaintiffs $165 allowed for replastering on account of leakage, and also by deducting the interest allowed on plaintiffs’ recovery. As so modified the judgment should be affirmed, without costs. Present — Ingraham, McLaughlin, Clarke, Houghton and Scott, JJ. Judgment modified as directed in opinion, and as modified affirmed, without costs. Settle order on notice.