Palmentiero v. C. K. Rehner, Inc. , 3 A.D.2d 827 ( 1957 )

Judgment unanimously modified so as to direct payment to plaintiff of the moneys deposited by the defendant as a tender and, as so modified, affirmed. Settle order on notice. Concur — Peck, P. J., Breitel, Prank, Yalente and McNally, JJ.