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On reargument, judgment and order affirmed, with costs. No opinion. Young, Kapper, Hagarty and Carswell, JJ., concur; Lazansky, P. J., dissents, being of opinion that it was error to exclude testimony as to justification, offered for the defense in mitigation of damages, despite the fact that the plea was stricken from the answer.
Document Info
Filed Date: 11/15/1927
Precedential Status: Precedential
Modified Date: 10/27/2024