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Park v. Lattanzi

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1913
155 App. Div. 922 (N.Y. App. Div. 1913)

Opinion

February, 1913.


Judgment modified so that the amount due to plaintiff upon his mortgage shall be fixed at the sum of $500, with interest thereon from February 2, 1911, and the amount of extra allowance reduced accordingly; and as thus modified affirmed, without costs, and final judgment rendered accordingly. We do not think that the evidence warrants a finding that plaintiff appropriated to the use of defendant Lattanzi, or held for his use uninvested, the sum of $6,000, or any sum whatever. So much of the findings of fact numbered V and VII as find to the contrary are hereby reversed. Jenks, P.J., Burr, Carr and Woodward, JJ., concurred; Thomas, J., voted to modify the judgment by allowing the $500, with interest, and interest on $6,000, so far as not reinvested, to the 30th day of August, 1911.


Summaries of

Park v. Lattanzi

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1913
155 App. Div. 922 (N.Y. App. Div. 1913)
Case details for

Park v. Lattanzi

Case Details

Full title:Frank L. Park, Respondent, v. Giuseppe Lattanzi and Another, Defendants…

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

Date published: Feb 1, 1913

Citations

155 App. Div. 922 (N.Y. App. Div. 1913)