Ryan v. Middlebrook — 110 N.Y.S. 1143

Majority

p. 1143

RYAN v. MIDDLEBROOK.

(Supreme Court, Appellate Division, First Department.

May 8, 1908.)

Headnote

Action by Mary Ryan against Frederick J. Middlebrook, as executor of William M. Ryan. From a judgment entered on a referee’s report, both parties appeal. Modified and affirmed.

Robert Goeller, for plaintiff.

Manfred W. Ehrich, for defendant.

The judgment should be modified, by deducting from the amount found due to the plaintiff interest on $15,738.20 from April 22, 1902, the date of the death of William Ryan, to July 15, 1903. The sum of $88 costs must also be deducted. As thus modified, the judgment will be affirmed, without costs in this court to either party. Settle order on notice.