Appellate Division of the Supreme Court of New York, 1953

Tomoser v. Kamphausen

Tomoser v. Kamphausen
Appellate Division of the Supreme Court of New York · Decided April 29, 1953
281 A.D. 1006; 121 N.Y.S.2d 146; 1953 N.Y. App. Div. LEXIS 4066
Tomoser v. Kamphausen

Opinion of the Court

Judgment insofar as appealed from modified on the law and facts by striking therefrom the award of $25,000 money damages and as modified, affirmed, with costs to the respondent. Certain findings of fact and conclusions of law disapproved and reversed and new findings made. Memorandum: We find no evidence in the record to support the award of money damages. All coneur. (Appeal from part of a judgment for plaintiff in an action for fraud and misrepresentation and breach of contract.) Present — Taylor, P. J., Vaughan, Kimball, Piper and Wheeler, JJ. [See post, p. 1075.]

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