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KELLS v. HAKE

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1935
246 App. Div. 638 (N.Y. App. Div. 1935)

Opinion

November, 1935.


Action for slander. Judgment for plaintiff reversed on the facts and a new trial granted, costs to appellants to abide the event, unless within five days from the entry of the order herein the respondent stipulate to a judgment against the defendants in the sum of $500, without costs (Civ. Prac. Act, § 1474), instead of the judgment against each defendant in the sum of $1,000, in which event the judgment, as so modified, is unanimously affirmed, without costs. In our opinion, the award of damages was excessive, and in no event should damages have been awarded against each defendant. Lazansky, P.J., Young, Hagarty, Tompkins and Davis, JJ., concur.


Summaries of

KELLS v. HAKE

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1935
246 App. Div. 638 (N.Y. App. Div. 1935)
Case details for

KELLS v. HAKE

Case Details

Full title:JEAN KELLS, Respondent, v. MARIE HAKE and ELENOR HAKE, Also Known as…

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

Date published: Nov 1, 1935

Citations

246 App. Div. 638 (N.Y. App. Div. 1935)