MADDEN v. ATKINS


10 A.D.2d 989 (1960)

Bernard C. Madden et al., Respondents, v. Charles T. Atkins, Individually and as President of New York Association No. 88 of Masters and Mates of The National Organization of Masters, Mates & Pilots of America, Inc., et al., Appellants

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

May 23, 1960


Judgment reversed, without costs, and matter remitted to the Special Term for further proceedings not inconsistent herewith, unless within 20 days after the entry of the order hereon the parties stipulate to a modification of the judgment in the respects hereinafter indicated, in which event the judgment as so modified is affirmed, without costs.

In our opinion, the Official Referee as the trier of the facts was justified in: (1) basing plaintiffs' loss of wages upon...

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