LEADER v. DURST


26 A.D.2d 705 (1966)

I. Theodore Leader, Respondent, v. Joseph Durst, Appellant

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

July 19, 1966


On the court's own motion, the action is remitted for further hearings before the same Trial Justice; for the submission of proof limited to the defendant's alleged offsets and credits against the plaintiff's claims, as found by the trial court; for further proceedings in accordance with this decision; and for a decision de novo determining such offsets and credits upon the basis of all the proof adduced, including the proof upon the prior trial. Within 30 days after...

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