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Gerks v. Irving R. Boody & Co.

263 A.D. 934 Court N.Y. App. Div. Decision date 1942-01-16 English

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p. 934
Benjamin Gerks, Appellant, v. Irving R. Boody & Co., Inc., and Postal Telegraph-Cable Company, Respondents.

Judgment modified by reducing the amount of the recovery from the sum of $824.23 to the sum of $574.23 and as modified affirmed, without costs of this appeal to any party. All concur. (The judgment dismisses plaintiff’s complaint and grants judgment in favor of defendant Irving R. Boody & Co., Inc., on its counterclaim, in an action to recover a brokerage commission and to recover damages sustained by plaintiff by reason of defendant Postal Telegraph-Cable Company negligently transmitting a message as part of the transaction.) Present — Crosby, P. J., Cunningham, Taylor, Dowling and Harris, JJ.