Losei Realty Corp. v. City of New York

Judgment modified by deducting $2,320, and as thus modified the judgment and the order are unanimously affirmed, without costs. There was a defect in the proof with regard to fifty-eight feet of section one, and damages for replacing, at the rate of $40 per foot, were apparently inadvertently allowed by the trial court on the theory that there was evidence in the record to support such an allowance. Present — Lazansky, P. J., Hagarty, Seeger, Carswell and Scudder, JJ.