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SONNENTHAL v. HODES

11 A.D.2d 645 (1960)

Arthur Sonnenthal, as Executor of Sophie Sonnenthal, Deceased, Respondent, v. Louis Hodes et al., Appellants, et al., Defendants

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

June 7, 1960

Order unanimously modified in the exercise of discretion so as to strike out the third, fourth, fifth and seventh decretal paragraphs thereof and to direct that the damages to be assessed against appellants be determined at the trial of the action and, as so modified, is affirmed, without costs.

Summary judgment was properly granted and the appellants seem to so concede upon this appeal. However, we conclude that the direction...

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