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Tomoser v. Kamphausen

281 A.D. 1006 Court N.Y. App. Div. Decision date 1953-04-29 English

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p. 1006
Herbert Tomoser, Respondent, v. Daniel Kamphausen et al., Appellants, et al., Defendants.

Judgment insofar as appealed from modified on the law and facts by striking therefrom the award of $25,000 money damages and as modified, affirmed, with costs to the respondent. Certain findings of fact and conclusions of law disapproved and reversed and new findings made. Memorandum: We find no evidence in the record to support the award of money damages. All coneur. (Appeal from part of a judgment for plaintiff in an action for fraud and misrepresentation and breach of contract.) Present — Taylor, P. J., Vaughan, Kimball, Piper and Wheeler, JJ. [See post, p. 1075.]