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Maciaszczyk v. Shkulnick

256 A.D. 1071 Court N.Y. App. Div. Decision date 1939-04-28 English

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p. 1071
Maria Maciaszczyk and Peter Maciaszczyk, Respondents, v. Clara Shkulnick, as Executrix, etc., of Samuel Shkulnick, Deceased, Appellant.

Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event, unless plaintiff Maria Maciaszczyk stipulates to reduce the judgment as entered in her favor to the sum of $1,250 and unless plaintiff Peter Maciaszczyk stipulates to reduce the judgment as entered in his favor to the sum of $250, in which event the judgment as so modified is affirmed, without costs. No opinion. Settle order on notice. Present — Martin, P. J., O’Malley, Townley, Dore and Callahan, JJ.