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Bottega v. Campbell

138 N.Y.S. 1108 Court N.Y. App. Div. Decision date 1912-12-30 English

Contents

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p. 1108
BOTTEGA, Respondent, v. CAMPBELL, Appellant.
(Supreme Court, Appellate Division, Second Department.
December 30, 1912.)

Headnote

Action by Vincent Bottega against Peter C. Campbell.

Judgment of the County Court of Kings County reversed, and new trial ordered, costs to abide the final award of costs, because of the inconsistency in the findings of the trial court as to the amount paid on account of plaintiff’s claim, unless plaintiff stipulate within 20 days to reduce the amount adjudged due by the^sum of $15 and interest in proportion, in which event the judgment, as modified, is affirmed, without costs.