Appellate Terms of the Supreme Court of New York, 1958

Hubert Distributing Co. v. M. Fireman & Co.

Appellate Terms of the Supreme Court of New York · Decided May 20, 1958

13 Misc. 2d 314; 179 N.Y.S.2d 875

Counsel

Jacob Fireman for appellant., Leland Badler for respondent.

Opinion of the Court

Per Curiam.

It was error to award the sum of $63 for additional repair work since plaintiff was satisfied to limit its claim in this respect to the sum of $31.50.

*315The judgment should be unanimously modified upon the law by reducing the amount of the recovery from $171.36 to $139.86, together with interest and appropriate costs in the court below, and as so modified affirmed, without costs of this appeal to either party.

Concur — Pette, Hart and Brown, JJ.

Judgment modified, etc.

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