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Gordon v. Sterling

226 A.D. 707 Court N.Y. App. Div. English

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p. 707
Fred C. Gordon, Appellant, Respondent, v. Joseph S. Sterling and Another, Respondents, Appellants, Impleaded with Others, Defendants.

— Judgment modified so that paragraph I-(A) thereof shall read “ subject to one-fourth of the costs of repairs made on the house and store by the defendant Joseph S. Sterling, amounting to two hundred and twenty-five dollars; ” and subdivision D thereof shall contain similar language; and as so modified judgment is affirmed, without costs. Hinman, Davis, Whitmyer and Hill, JJ., concur; Van Kirk, P. J., dissents on the ground that the changes in the store were improvements or new construction and not repairs and should be disallowed.