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Gabel v. Hastings Home Co.

145 N.Y.S. 1124 Court N.Y. App. Div. Decision date 1914-01-23 English

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Majority

p. 1124
GABEL, Respondent, v. HASTINGS HOME CO., Appellant.
(Supreme Court, Appellate Division, Second Department.
January 23, 1914.)

Headnote

Action by George Gabel against the Hastings Home Company.

Judgment reversed, and proceedings remitted to the Special Term for further action, costs to abide the event, upon the ground that the final, judgment was more favorable to the plaintiff than he was entitled to under his complaint, and that the stipulation was improperly received in evidence. See, also, 156 App. Div. 911 , 141 N. Y. Supp. 1120 .