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Gabel v. Hastings Homes Co.

161 A.D. 889 Court N.Y. App. Div. English

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p. 889
George Gabel, Respondent, v. Hastings Homes Company, Appellant.

Judgment reversed, and proceedings remitted to the Special Term for further action, costs to abide the event, upon the ground that the final judgment was more favorable to the plaintiff than he was entitled to under his complaint, and that the stipulation was improperly received in evidence. Jenks, P. J., Burr, Carr, Rich and Stapleton, JJ., concurred.