Kassewitz v. 640 Park Avenue Corp.

223 A.D. 702 Court N.Y. App. Div. English

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p. 702

Siegfried Kassewitz, Doing Business, etc., Appellant, v. 640 Park Avenue Corporation, Respondent.

Judgment reversed and new trial ordered, with costs to the appellant to abide the event, upon the ground that the evidence presented an issue of fact as to the existence of an agency on the part of Mrs. Cater to act for the defendant. Present — Dowling, P. J., Merrell, Finch, O’Malley and Proskauer, JJ.