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MILLER v. DAUB

134 Misc.2d 613 (1987)

Edward M. Miller et al., Respondents-Appellants, v. Herbert Daub, Appellant-Respondent, Capitol Enterprises Jewelry Corp., Respondent, et al., Defendant.

Supreme Court, Appellate Term, First Department.

January 20, 1987

Attorney(s) appearing for the Case

Juron & Minzner, P. C. (Albert A. Juron of counsel), for appellant-respondent. Moore, Wohl & Newman, P. C. (Louis I. Newman and Gary M. Gash of counsel), for respondents-appellants.

HUGHES, P. J., RICCOBONO and SANDIFER, JJ., concur.

Per Curiam.

Order entered May 31, 1985 and judgment entered June 7, 1985 modified by granting judgment in favor of appellant Daub against plaintiffs on the first counterclaim in the sum of $2,500; as modified, order and judgment affirmed, with $25 costs to the appellant.

Based upon defendant Daub's exhibit C and the testimony received at trial, defendant should have been awarded judgment on the first counterclaim...

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