Appellate Division of the Supreme Court of New York, 1946

Empire Mechanical Corp. v. Kerby Saunders, Inc.

Empire Mechanical Corp. v. Kerby Saunders, Inc.
Appellate Division of the Supreme Court of New York · Decided May 3, 1946
270 A.D. 919; 62 N.Y.S.2d 583; 1946 N.Y. App. Div. LEXIS 4617
Empire Mechanical Corp. v. Kerby Saunders, Inc.

Opinion of the Court

Upon the stipulation made in open court that the sum-of $4,844.36, paid to defendant by the United States Government, properly belongs to plaintiff, the judgment, so far as appealed from, is modified by increasing the amount thereof by the sum of $4,844.36, and as so modified affirmed, without costs. Appeal from order entered October 7, 1944, withdrawn. No opinion. Settle order on notice. Present — Martin, P. J., Dore, Cohn, Callahan and Peck, JJ. [See post, p. 935.]

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