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Jacobson v. Kaplan

143 N.Y.S. 946 Court Argued October term, 1913, before SEABURY, GUY, and BIJUR, JJ. Decision date 1913-11-13 English

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p. 946
JACOBSON et al. v. KAPLAN et al.
(Supreme Court, Appellate Term, First Department.
November 13, 1913.)

Headnote

Appeal and Ebbob (§ 1151*)—Judgment—Eebobs in Computation.
Where it was evident that, in deducting the conceded counterclaim from the amount of plaintiffs’ gross claim, an error of $10 had been made in subtraction, the error would be corrected on appeal, and the judgment modified and affirmed.
[Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. §§ 4498-4506; Dec. Dig. § 1151.[1] ]
Appeal from Municipal Court, Borough of Manhattan, Seventh District.
Action by Ferdinand Jacobson and another against Isaac Kaplan and others. From a Municipal Court judgment in favor of plaintiffs, after trial by the court without a jury, defendants appeal.. Modified and affirmed.
Argued October term, 1913, before SEABURY, GUY, and BIJUR, JJ.
Kleiner & Kleiner, of New York City (Jacob M. Cohen, of New York City, of counsel), for appellants.
Bogart & Bogart, of New York City (John Bogart and Isidore Weckstein, both of New York City, of counsel), for respondents.

It is evident that, in deducting the conceded counterclaim of $65.60 from the amount of plaintiffs’ gross claim of $231, by an error in subtraction the damages were calculated at $175.40, instead of $165.40.

The judgment in favor of plaintiffs will therefore be reduced to the sum of $184.71, and, as modified, affirmed, with costs.