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Pollack v. Springer

196 Misc. 1015 Court Supreme Court, Appellate Term, First Department, Decision date 1949-12-22 English

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p. 1015
Jacob Pollack, Respondent, v. Jean R. Springer et al., Doing Business as R & S Realty Co., Appellants.
Supreme Court, Appellate Term, First Department,
December 22, 1949.
p. 1016
George 8. Fishman for appellants.
Abraham A. Katz and Louis Tancil for respondent.

The prior judgments secured by defendants against plaintiff should have been allowed as an offset to the sum due to plaintiff.

The judgment should be modified by reducing the recovery to the sum of $993.94, together with taxable costs, and as modified, affirmed, without costs.

Hammer, Hofstadter and Pécora, JJ., concur.

Judgment accordingly.