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Full opinion text

Judgment modified by striking out the allowance of treble damages, on the authority of Arout v. Azar (219 App. Div. 260), and allowing the actual damages, $400, less the counterclaim of $100, thereby making the total damages $300, and as so modified unanimously affirmed, without costs. Present — Cochrane, P. J., Van Kirk, Hinman, McCann and Davis, JJ.