WEINTRAUB v. GOODMAN


40 A.D.2d 841 (1972)

Ralph Weintraub et al., Respondents, v. Richard Goodman et al., Defendants and Third-Party Plaintiffs-Appellants. William V. Von Henlein, Third-Party Defendant

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

November 6, 1972


Judgment modified, on the law and the facts, by (1) striking therefrom the decretal provisions granting plaintiffs a recovery against defendants on plaintiffs' cause of action for moneys had and received, plus interest and costs, and granting defendants a recovery over against the third-party defendant and (2) substituting therefor a provision granting a new trial as to that cause of action. As so modified, judgment affirmed insofar as appealed from, without costs.

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