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PROUTY v. DRAKE

18 Misc.2d 887 (1959)

Lee F. Prouty, Plaintiff, v. Nathaniel Drake, Defendant.

Supreme Court, Special and Trial Term, New York County.

February 6, 1959.

Attorney(s) appearing for the Case

Bernard, Remsen, Millham & Bowdish (Lewis S. Bowdish of counsel), for plaintiff.

Lawler & Rockwood (T. Newman Lawler of counsel), for defendant.

HAROLD BAER, J.

This action was tried before the court without a jury. Formal findings of fact and conclusions of law were waived.

This case was tried previously and the judgment reversed (Prouty v. Drake, 4 A.D.2d 864). The evidence adduced at the first trial, set forth in the printed record, was admitted by consent as the evidence in the current trial. Additional...

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