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Takacs v. Kapela

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1942
264 App. Div. 893 (N.Y. App. Div. 1942)

Opinion

June 29, 1942.

Present — Lazansky, P.J., Hagarty, Carswell, Johnston and Adel, JJ. Motion for modification of decision of June 8, 1942 [ ante, p. 871], denied, without costs. Assuming, but not conceding, that the demand for money damages was not abandoned on the appeal, recovery would be limited to what plaintiffs were deprived of by the conspiracy, namely, the value of Stephen Kapela's interest in the real property as a tenant by the entirety, which plaintiffs can now reach by execution; and the record contains no evidence of that value on which a money judgment could have been directed.

Present — Lazansky, P.J., Carswell, Johnston, Taylor and Close, JJ.


Motion for modification of decision referred to the court that rendered the decision.


Summaries of

Takacs v. Kapela

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1942
264 App. Div. 893 (N.Y. App. Div. 1942)
Case details for

Takacs v. Kapela

Case Details

Full title:ROSE TAKACS, an Infant, by ANNA TAKACS, Her Guardian ad Litem, and ANNA…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 29, 1942

Citations

264 App. Div. 893 (N.Y. App. Div. 1942)