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Appellate Terms of the Supreme Court of New York, 1959

Brith Trumpeldor of America, Inc. v. Bermil Sales & Service Co.

Brith Trumpeldor of America, Inc. v. Bermil Sales & Service Co.
Appellate Terms of the Supreme Court of New York · Decided February 19, 1959
17 Misc. 2d 206; 183 N.Y.S.2d 887; 1959 N.Y. Misc. LEXIS 4267

Counsel

Benjamin Eerdes and Marcus Schwartz for appellant., Martin B. Klein for respondent.

Brith Trumpeldor of America, Inc. v. Bermil Sales & Service Co.

Opinion of the Court

Per Curiam.

The finding in favor of plaintiff on defendant’s counterclaim was against the weight of the credible evidence.

The judgment should be modified to the extent of reversing the award in favor of plaintiff on the counterclaim, and judgment directed in favor of defendant thereon, and as modified affirmed, without costs.

Concur — Hecht, J. P., Aurelio and Tilzer, JJ.

Judgment modified, etc.

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