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HUBERT DISTR. CO. v. FIREMAN & CO.

13 Misc.2d 314 (1958)

Hubert Distributing Company, Respondent, v. M. Fireman & Company, Appellant.

Supreme Court, Appellate Term, Second Department.

May 20, 1958.

Attorney(s) appearing for the Case

Jacob Fireman for appellant.

Leland Badler for respondent.

Concur — PETTE, HART and BROWN, JJ.

Per Curiam.

It was error to award the sum of $63 for additional repair work since plaintiff was satisfied to limit its claim in this respect to the sum of $31.50.

The judgment should be unanimously modified upon the law by reducing the amount of the recovery from $171.36 to $139.86, together with interest and appropriate costs in the court below, and as so modified affirmed, without costs of this appeal to...

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