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Disken v. Toplitz

119 N.Y.S. 1123 Court N.Y. App. Div. Decision date 1909-12-03 English

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p. 1123
DISKEN et al. v. TOPLITZ et al.
(Supreme Court, Appellate Division, First Department.
December 3, 1909.)

Headnote

Appeal from Special Term, New York County. Action by Loretta N. Dis-ten and others against Harry L. Toplitz and others. From the judgment, defendants appeal.
Modified, and, as modified, affirmed.
Charles Goldzier, for appellants.
John Frankenheimer, for respondents.

The judgment appealed from •should be modified, by deducting from the recovery of the plaintiffs 8165 allowed for replastering on account of leakage, and also by deducting the interest allowed on plaintiffs’ recovery. As so modified, the judgment should he affirmed, without costs.