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BRITH TRUMPELDOR OF AM. v. BERMIL SALES & SERV. CO.

17 Misc.2d 206 (1959)

Brith Trumpeldor of America, Inc., Respondent, v. Bermil Sales & Service Co., Inc., Appellant.

Supreme Court, Appellate Term, First Department.

February 19, 1959.

Attorney(s) appearing for the Case

Benjamin Herdes and Marcus Schwartz for appellant.

Martin B. Klein for respondent.

Concur — HECHT, J. P., AURELIO and TILZER, JJ.

Per Curiam.

The finding in favor of plaintiff on defendant's counterclaim was against the weight of the credible evidence.

The judgment should be modified to the extent of reversing the award in favor of plaintiff on the counterclaim, and judgment directed in favor of defendant thereon, and as modified affirmed, without costs.

Judgment...

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