Cerussi v. Wilkes — 144 N.Y.S. 1109

Majority

p. 1109

CERUSSI v. WILKES.

(Supreme Court, Appellate Term, First Department.

December 18, 1913.)

Headnote

Appeal from Municipal Court, Borough of the Bronx, Second District. Action by Michael Cerussi against Peter W. Wilkes. From a judgment for plaintiff, defendant appeals.

Modified and affirmed.

George Doan Russell, of New York City, for appellant.

Anthony J. Romagna, of New York City, for respondent.

In granting judgment for the plaintiff the justice ignored an undisputed item of $13.01 paid by the defendant as ex-pressage on materials of the plaintiff. We have examined the record, and find nothing that would justify a reversal. The judgment will therefore be reduced to $366.71, and, as modified, affirmed, with costs to respondent.