Rosenthal v. City of New York

In an action to recover securities deposited by plaintiff’s assignor for the faithful performance of a franchise contract between the assignor and the city of New York, judgment modified on the law by increasing the amount of the city’s setoff and counterclaim from $453.76 to $4,169.47, and to this extent sustaining the city’s counterclaim. As thus modified the judgment is unanimously affirmed, with costs to appellant. Findings and conclusions inconsistent with this determination are reversed and new findings and conclusions will be made. The city is entitled to offset the amount of its claim…