Appellate Division of the Supreme Court of New York, 1932

Kelly v. Xcellent Homes, Inc.

Kelly v. Xcellent Homes, Inc.
Appellate Division of the Supreme Court of New York · Decided May 15, 1932
235 A.D. 863
Kelly v. Xcellent Homes, Inc.

Opinion of the Court

Judgment reversed on the law and the *864facts, with costs, the counterclaim dismissed and judgment directed for the plaintiff in the sum of $3,004.86, with costs. Findings of fact numbered “ IX,”. “ X,” « XI,” “ XII,” “ XIII,” “ XVIII,” “ XIX,” “ XX,” “ XXI,” “ XXII,”. “XXIII,” and conclusions of law numbered “ I,” “ II,” “ III,”. “ IV,’.’ and “ V reversed. New findings will be made in accordance with this decision. We are of opinion that the judgment is not supported by the evidence. Lazansky, P. J., Kapper, Hagarty, Tompkins and Davis, JJ., concur. Settle order on notice.

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