Bergman v. Royal Typewriter Co.

Appellate Division of the Supreme Court of New York

Bergman v. Royal Typewriter Co.

263 A.D. 812, 32 N.Y.S.2d 132, 1941 N.Y. App. Div. LEXIS 5095

Appellate Division of the Supreme Court of the State of New York·Decided December 19, 1941·Published

Opinion

Orders and judgment modified by reducing the summary judgment to the sum of $2,319.66, with interest. The item of $3,375 must be eliminated as there are issues of fact concerning this claim. As so modified, the orders and judgment are affirmed, with costs to the appellant. No opinion. Present — Martin, P. J., O’Malley, Townley, Cohn and Callahan, JJ.; O’Malley, J., dissents and votes to affirm. Settle order on notice.

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Orders and judgment modified by reducing the summary judgment to the sum of $2,319.66, with interest. The item of $3,375 must be eliminated as there are issues of fact concerning this claim. As so modified, the orders and judgment are affirmed, with costs to the appellant. No opinion. Present — Martin, P. J., O’Malley, Townley, Cohn and Callahan, JJ.; O’Malley, J., dissents and votes to affirm. Settle order on notice.

Bergman v. Royal Typewriter Co., 263 A.D. 812, 32 N.Y.S.2d 132, 1941 N.Y. App. Div. LEXIS 5095 (N.Y. Ct. App. 1941).

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