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SMITHLING v. GOLDMAN

283 A.D. 844 (1954)

Charles Smithling, as Administrator of The Estate of Henry Smithling, Deceased, Appellant, v. Simon Goldman, as Executor of Isaac Goldman, Deceased, Respondent

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

March 3, 1954.

Judgment insofar as appealed from affirmed, without costs of this appeal to either party.

All concur, except McCURN, P. J., who dissents and votes for reversal and for granting a new trial on the ground that the verdict of the jury is against the weight of evidence, and in any event, plaintiff was entitled to recover for one day...

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