COWAN v. RESIDENTIAL BUILDERS OF RUSSELL GARDENS, INC.


279 A.D. 747 (1951)

Sanford R. Cowan et al., Respondents, v. Residential Builders of Russell Gardens, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 3, 1951.


Appeal from the original judgment dismissed, without costs. On the appeal from the order and the judgment as resettled, the judgment is modified by reducing the recovery of damages in favor of plaintiff Cowan from the sum of $5,208.74 to the sum of $5,000, and in favor of plaintiff Kay from the sum of $10,417.48 to the sum of $10,000. As so modified, the order and judgment are unanimously affirmed, without costs.

The respective contracts did not entitle the buyers...

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