IANNELLI BROS., INC. v. MUSCARELLA


30 A.D.2d 698 (1968)

Iannelli Bros., Inc., Respondent, v. Assunta Muscarella, Appellant, et al., Defendant

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

June 24, 1968


Dismissed, without costs, insofar as it adjudges the action discontinued as against defendant Amato. Appellant is not aggrieved by that adjudication. Otherwise, judgment modified, on the law and the facts, by (1) reducing the principal award from $3,255 to $3,048, (2) reducing the interest accordingly and (3) adding a provision that the $1,500 heretofore paid into court pursuant to order dated April 13, 1966 shall be credited against the judgment; and, as so modified, affirmed...

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