Kingsley v. Selheimer

285 A.D. 1139 Court N.Y. App. Div. Decision date 1955-05-24 English

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p. 1139

Joseph T. Kingsley, Respondent, v. Perry N. Selheimer et al., Appellants.

— Order unanimously affirmed, with $20 costs and disbursements to the respondent. The matter alleged in the sixth defense may, in an amended answer, be set up as a partial defense in mitigation of damages. Concur — Peck, P. J., Cohn, Bastow, Botein and Rabin, JJ.