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Appellate Terms of the Supreme Court of New York, 1928

Walker v. Silver & Gold Realty Corp.

Walker v. Silver & Gold Realty Corp.
Appellate Terms of the Supreme Court of New York · Decided March 14, 1928
131 Misc. 598; 227 N.Y.S. 568; 1928 N.Y. Misc. LEXIS 752

Counsel

Samuel Robert Welts, for the appellant., Charles Marks, for the respondent.

Walker v. Silver & Gold Realty Corp.

Opinion of the Court

Per Curiam.

It was entirely proper for the trial court to resubmit the case to the jury so that its verdict should correspond in form as well as in substance to the court’s instructions. (Rogan v. Mullins, 22 App. Div. 117; Rippley v. Frazer, 69 Misc. 415.)

Order reversed, with thirty dollars costs, and verdict reinstated.

All concur; present, Bijur, Levy and Crain, JJ.

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