Tomoser v. Kamphausen

281 A.D. 1006, 121 N.Y.S.2d 146, 1953 N.Y. App. Div. LEXIS 4066

Opinion

Judgment insofar as appealed from modified on the law and facts by striking therefrom the award of $25,000 money damages and as modified, affirmed, with costs to the respondent. Certain findings of fact and conclusions of law disapproved and reversed and new findings made. Memorandum: We find no evidence in the record to support the award of money damages. All coneur. (Appeal from part of a judgment for plaintiff in an action for fraud and misrepresentation and breach of contract.) Present — Taylor, P. J., Vaughan, Kimball, Piper and Wheeler, JJ. [See post, p. 1075.]