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STAMER v. HUNT

19 Misc.2d 552 (1959)

Lucy Stamer, Appellant, v. Diana Hunt, Respondent.

Supreme Court, Appellate Term, First Department.

June 4, 1959.

Attorney(s) appearing for the Case

Gustave I. Jahr for appellant.

Myles, Wormser & Koch (Howard F. Cerny of counsel), for respondent.

Concur — STEUER and TILZER, JJ.; HOFSTADTER, J. P., dissents in memorandum.

Per Curiam.

The determination of the court below gives effect to defendant's explanation of the writings evidencing the loans. These explanations are completely incredible and a decision giving them credit is against the weight of evidence.

The judgment should be modified by awarding plaintiff judgment in the sum of $492, plus interest in the sum of $127.92, or a total of $619.92, and as modified affirmed, with $25 costs to appellant.

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