From Casetext: Smarter Legal Research

Frischling v. Schrank

Appellate Division of the Supreme Court of New York, First Department
Apr 24, 1969
32 A.D.2d 525 (N.Y. App. Div. 1969)

Opinion

April 24, 1969


Order entered January 31, 1968 and judgment entered February 13, 1968 unanimously modified, on the law and the facts, to the extent of awarding plaintiff the amount of her claim, reduced by the sum of $12,398.50, and as so modified affirmed, without costs. Plaintiff concedes $10,411 may be due on the first counterclaim, and consents to the deduction of the amount of $1,987.50 involved in the fifth counterclaim. The counterclaims, except to the extent the first counterclaim is conceded, present issues of fact and are severed. Settle order on notice providing for a severance.

Concur — Stevens, P.J., Eager, McGivern, Nunez and McNally, JJ.


Summaries of

Frischling v. Schrank

Appellate Division of the Supreme Court of New York, First Department
Apr 24, 1969
32 A.D.2d 525 (N.Y. App. Div. 1969)
Case details for

Frischling v. Schrank

Case Details

Full title:SADIE FRISCHLING, Respondent, v. HERBERT SCHRANK et al., as Executors of…

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

Date published: Apr 24, 1969

Citations

32 A.D.2d 525 (N.Y. App. Div. 1969)
299 N.Y.S.2d 795