Goldsmith v. J.I. Sopher & Co.

—Judgment, Supreme Court, New York County (Franklin Weissberg, J.), entered February 25, 1997, after a nonjury trial, awarding plaintiff the total amount of $26,872.13, and bringing up for review an order of the same court and Justice, entered on or about January 31, 1997, directing entry of judgment in plaintiffs favor to the extent indicated in the aforesaid judgment, unanimously affirmed, without costs. Cross appeals from the January 31, 1997 order unanimously dismissed, without costs, as subsumed within the cross appeals from the February 25, 1997 final judgment.

Evidence that defendant…