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McKey v. Scheiderer

114 N.Y.S. 1135 Court N.Y. App. Div. Decision date 1908-12-30 English

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Majority

p. 1135
McKEY, Respondent, v. SCHEIDERER et al., Appellants.
(Supreme Court, Appellate Division, Second Department.
December 30, 1908.)

Headnote

Action by John McKey against Mary Scheiderer and others.

The judgment should be modified, by striking out the provision therein that from the balance of the purchase money there should be deducted the sum of $353.62 costs and disbursements, and providing that the plaintiff recover of the defendants Gruet and Scheiderer the said sum of $353.62 costs and disbursements, and, as so modified, affirmed, with costs.