Sokol v. Cohen

Appellate Terms of the Supreme Court of New York

Sokol v. Cohen

25 Misc. 768, 54 N.Y.S. 1116

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 15, 1898

StatusPublished

This text of 25 Misc. 768 (Sokol v. Cohen) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sokol v. Cohen, 25 Misc. 768, 54 N.Y.S. 1116 (N.Y. Ct. App. 1898).

Pincite

Opinion

Per Curiam.

We think the plaintiff was entitled to recover back a portion of the sum deposited, but not the whole, as the defendant has expended the sum of $37 for repairs which plaintiff was bound to do that should have been offset against the deposit. This sum and the extra costs allowed by reason of the fact that the recovery exceeded $50 should be deducted, thus reducing the amount of the judgment to the sum of $41.22, and as so modified the judgment will be affirmed, without costs.

Present: Beekman, P. J., Gilbebsleeve and Giegebioh, JJ.

Judgment modified, and as modified affirmed, without costs.

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Per Curiam.

We think the plaintiff was entitled to recover back a portion of the sum deposited, but not the whole, as the defendant has expended the sum of $37 for repairs which plaintiff was bound to do that should have been offset against the deposit. This sum and the extra costs allowed by reason of the fact that the recovery exceeded $50 should be deducted, thus reducing the amount of the judgment to the sum of $41.22, and as so modified the judgment will be affirmed, without costs.

Present: Beekman, P. J., Gilbebsleeve and Giegebioh, JJ.

Judgment modified, and as modified affirmed, without costs.

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Bluebook (online)

25 Misc. 768, 54 N.Y.S. 1116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sokol-v-cohen-nyappterm-1898.