Iannelli Bros. v. Muscarella

Appeal from judgment of the Supreme Court, Westchester County, dated March 24, 1967, dismissed, without costs, insofar as it adjudges the action discontinued as against defendant Amato. Appellant is not aggrieved by that adjudication. Otherwise, judgment modified, on the law and the facts, by (1) reducing the principal award from $3,255 to $3,048, (2) reducing the interest accordingly and (3) adding a provision that the $1,500 heretofore paid into court pursuant to order dated April 13, 1966 shall be credited against the judgment; and, as so modified, affirmed, with costs to respondent. In…