Judgment modified on the law and the facts: (1) by striking out the fifth decretal paragraph awarding $2,600 damages to the plaintiff, in her capacity as executrix, for defendants' said use and occupancy; and (2) by substituting therefor a decretal paragraph dismissing on the merits the third cause of action in the complaint to recover damages for such use and occupancy. As so modified, the judgment is affirmed, with costs to plaintiff individually. Findings of fact insofar...
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