Levy v. Whiting — 143 N.Y.S. 1127

Majority

p. 1127

LEVY et al. v. WHITING.

(Supreme Court, Appellate Term, First Department

November 13, 1913.)

Headnote

Appeal from Municipal Court Borough of Manhattan, Seventh District. Action by Jacob L. Levy and another, copartners doing business as Levy Bros., against Jesse E. Whiting, doing business under the firm name of Veribest Lithograph Company. From a judgment for plaintiffs, defendant appeals. Affirmed, as modified. Lewis Schuldenfrei, of New York City (Emanuel Tepper, of New York City, of counsel), for appellant. Emanuel J. Livingston, of New York City, for respondents.

The judgment herein includes an item of $3.50, of which there was no proof given. It must therefore be reduced by that amount. Judgment reduced to the sum of $97.50 and appropriate costs in the court below, and, as reduced, affirmed, with costs.