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FROEHLICH v. FELDBERG

279 A.D. 1095 (1952)

Jack Froehlich, Appellant, v. Emanuel Feldberg, Respondent

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

May 26, 1952.

Judgment affirmed, with costs.

Each of the above findings is in accord with the weight of the credible evidence.

Adel, J., dissents and votes to reverse and grant judgment to appellant in the sum of $1,800, with the following memorandum:

The finding that appellant breached the contract is against the weight of the evidence. The proof supports a finding that the appellant ceased work because of nonpayment. There is no credible evidence...

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