Park v. Lattanzi — 140 N.Y.S. 1134

Majority

p. 1134

PARK v. LATTANZI et al.

(Supreme Court, Appellate Division, Second Department.

February 28, 1913.)

Headnote

Action by Frank L. Park against Giuseppe Lattanzi and another.

Judgment modified, so that the amount 'due to plaintiff upon his mortgage shall be fixed at the sum of $500, with interest thereon from February 2, 1911, and the amount of extra allowance reduced accordingly, and, ás thus modified, affirmed, without costs, and final judgment rendered accordingly. We do not think that the evidence' warrants a finding that plaintiff appropriated to the use of defendant Lattanzi, or held for his use uninvested, the sum of $6,000, or any sum whatever. So much of the findings of fact numbered 5 and 7 as find to the contrary are hereby reversed.

votes to modify the judgment, by allowing the $500, with interest, and interest on $6,000, so far as not reinvested, to the 30th day of August, 1911.