Judgment unanimously modified on the law and on the facts to grant judgment to the defendants on the second cause of action and dismiss that cause of action, and, as so modified, judgment affirmed, with $50 costs to defendants.
The documentary proof and testimony conclusively establish that the sum of $5,658.67 representing insurance premiums prepaid by plaintiff was one of several items in dispute between the parties. While the plaintiff by his unilateral act struck...
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