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SMILO v. COOPER-SMITH

277 A.D. 1042 (1950)

Harry Smilo, Respondent-Appellant, v. Morris Cooper-Smith, Appellant-Respondent

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

November 6, 1950.

Judgment, insofar as appealed from, modified on the facts by increasing the award of damages from $4,440 to $5,000, the amount of damage alleged in the amended complaint, and as so modified unanimously affirmed, with costs to respondent-appellant.

In computing plaintiff's damage, the rental of the property, one of the expenses offset against gross income, was erroneously calculated at an amount greater than that fixed by...

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