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Smith v. Cohen

231 A.D. 781 Court N.Y. App. Div. English

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p. 781
Michael A. Smith, Respondent, v. Sophie Cohen and Another, Appellants.[1]

Judgment affirmed, with costs. Davis, Whitmyer and Hill, JJ., concur; Van Kirk, P. J., dissents and votes for reversal and new trial on the ground there is no evidence justifying award of damages other than nominal; Hinman, J., dissents and votes for reversal and dismissal of the complaint on the ground there was no actionable fraud pleaded or proved.