Majority
p. 1061Florence H. Rector, Respondent, v. First Trust and Deposit Company, as Executor of John E. Rector, Deceased, Appellant.
Motion to modify the order entered March 5, 1947 {ante, p. 1048), granted by striking out the word “ thereof ” and inserting in place thereof “ of the damages ”. Memorandum: The costs awarded by the judgment are not affected when the amount of damages is increased under section 584-a of the Civil Practice Act. Present — Taylor, P. J., Dowling, Harris, MeCurn and Love, JJ. [See 272 App. Div. 863 .]
p. 1062
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