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BRILL v. BRENNER

66 Misc.2d 501 (1971)

Norma Brill, Appellant, v. Esther Brenner, Respondent.

Supreme Court, Appellate Term, First Department.

March 22, 1971

Attorney(s) appearing for the Case

Joseph Apfel for appellant. Botein, Hays, Sklar & Herzberg (Graham M. Scheinman of counsel), for respondent.

Concur — LUPIANO, J. P., STREIT and GOLD, JJ.

Per Curiam.

The trial court erred in failing to uphold plaintiff's claim for $20 for money loaned to defendant on July 4, 1969 and not repaid. That claim is supported by testimony of plaintiff, and is admitted in the testimony of a witness called by defendant, defendant's daughter, Susan Geller. There is no evidence in the record to the contrary.

The judgment entered April 2, 1970, should be unanimously modified...

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