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DAVIS v. PROSS

3 A.D.2d 919 (1957)

Alfred Davis, Respondent, v. Hugo Pross, Appellant

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

May 6, 1957

Order modified on the law by striking therefrom everything following the words "and the same is hereby" and by substituting therefor the words "modified by striking therefrom the decretal paragraph and by substituting therefor a provision that the complaint and counterclaim be dismissed, and as so modified, affirmed." As thus modified, order unanimously affirmed, without costs. The findings of fact are affirmed.

In our opinion, the proof does not

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