Appellate Division of the Supreme Court of New York, 1942

Gerks v. Irving R. Boody & Co.

Gerks v. Irving R. Boody & Co.
Appellate Division of the Supreme Court of New York · Decided January 16, 1942
263 A.D. 934; 33 N.Y.S.2d 830; 1942 N.Y. App. Div. LEXIS 7429
Gerks v. Irving R. Boody & Co.

Opinion of the Court

Judgment modified by reducing the amount of the recovery from the sum of $824.23 to the sum of $574.23 and as modified affirmed, without costs of this appeal to any party. All concur. (The judgment dismisses plaintiff’s complaint and grants judgment in favor of defendant Irving R. Boody & Co., Inc., on its counterclaim, in an action to recover a brokerage commission and to recover damages sustained by plaintiff by reason of defendant Postal Telegraph-Cable Company negligently transmitting a message as part of the transaction.) Present — Crosby, P. J., Cunningham, Taylor, Dowling and Harris, JJ.

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