Brodsky v. Broser Bros., Inc.

Full title: MURRAY M. BRODSKY, Respondent, v. BROSER BROS., INC., Appellant

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

Date published: Jun 1, 1945

269 App. Div. 815 (N.Y. App. Div. 1945)

Opinion

June 1, 1945.

Appeal from Appellate Division of the Supreme Court in the first judicial department.

Determination affirmed, with costs and disbursements.

MARTIN, P.J. (dissenting).

Plaintiff admits that in any event defendant is entitled to $50. Defendant is entitled to offset this sum against any recovery by plaintiff. The determination of the Appellate Term and the judgment of the Municipal Court should be modified accordingly and as so modified affirmed.

Townley, Glennon, Untermyer and Dore, JJ., concur in decision; Martin, P.J., dissents in opinion.

Determination affirmed, with costs and disbursements. No opinion. [See post, p. 928.]