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Hutkoff v. Eiferman

132 N.Y.S. 1133 Court N.Y. App. Term Decision date 1911-12-22 English

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p. 1133
HUTKOFF v. EIFERMAN.
(Supreme Court, Appellate Term.
December 22, 1911.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Sixth District. Action by Nathan Hutkoff against Jacob I. Eiferman. From a judgment of the Municipal Court of the City of New York for the plaintiff, defendant appeals. Modified and affirmed. S. Goodelman, for appellant. Samuel A. Berger, for respondent.

There was no evidence in this case which warranted the granting of a judgment for treble damages. The judgment must therefore be modified, by reducing the amount of recovery to the sum of $35. Judgment modified, by reducing the same to the sum of $35 and appropriate costs in the court below, and, as modified, affirmed, without costs of this appeal to either party.