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Levy v. Jaeckel

121 N.Y.S. 1138 Court N.Y. App. Div. Decision date 1910-03-11 English

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p. 1138
LEVY et al. v. JAECKEL.
(Supreme Court, Appellate Division, First Department.
March 11, 1910.)

Headnote

Appeal from Trial Term, New York County. Action by Felix H. Levy and another against Albert Jaeckel. From á judgment for plaintiffs, and an order denying a new trial, defendant appeals. Modified and affirmed, on condition that remittitur be made.
John Leary, for appellant.
Ernest Hall, for respondents.

The judgment and order are reversed, and a new trial ordered, with costs to appellant to abide event, unless plaintiffs consent to modify the judgment by striking out the interest allowed, amounting to $374, and the amount of the extra allowance, in which event the judgment, as so modified, and the order appealed from, are affirmed, with costs to the respondents.