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Budow v. Metropolitan Distributors, Inc.

254 A.D. 727 Court N.Y. App. Div. Decision date 1938-05-20 English

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p. 727
Minnie Budow, as Administratrix, etc., of Herman Budow, Deceased, Respondent, v. Metropolitan Distributors, Inc., and Henry Kelly & Sons, Inc., Appellants.

Judgment unanimously reversed and a new trial ordered, with costs to the appellants to abide the event, unless the plaintiff stipulates to reduce the judgment as entered to the sum of $31,349.82; in which event the judgment as so modified is affirmed, without costs. No opinion. Settle order on notice. Present — Martin, P. J., O’Malley, Glennon, Untermyer and Dore, JJ.