Appellate Division of the Supreme Court of New York, 1936

Glenwood Cafeteria, Inc. v. Allers

Glenwood Cafeteria, Inc. v. Allers
Appellate Division of the Supreme Court of New York · Decided December 15, 1936
249 A.D. 748; 291 N.Y.S. 843; 1936 N.Y. App. Div. LEXIS 5855
Glenwood Cafeteria, Inc. v. Allers

Opinion of the Court

— In an action to recover damages under a written agreement, judgment modified by allowing defendant’s counterclaim for $882.78, with interest, conceded by plaintiff to be due, and reducing plaintiff’s recovery accordingly. Said reduction shall be noted on the docket of the judgment directed by this court on plaintiff’s appeal from the same judgment here appealed from by defendant. (248 App. Div. 727.) As so modified, the judgment, in so far as an appeal is taken therefrom, is unanimously affirmed, with costs to the appellant. Present — Lazansky, P. J., Young, Hagarty, Adel and Taylor, JJ.

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