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KAPLAN v. PORT TAXI, INC.

89 A.D.2d 577 (1982)

Murray Kaplan, Appellant, v. Port Taxi, Inc., Respondent, and Jo Anne Masone, as Executrix of Sam Masone, Deceased, Respondent-Appellant

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

July 12, 1982

Judgment modified, on the law, by deleting from the second decretal paragraph the provisions dismissing so much of the complaint wherein plaintiff seeks a fee for his services to be paid out of the refund checks, and substituting a provision granting such relief.

As so modified, judgment affirmed, with costs to plaintiff payable by defendant Port Taxi, Inc., and matter remitted to the Supreme Court, Nassau County, for further...

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