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Manhattan Realties, Inc. v. Godfrey M. Weinstein & Co.

230 A.D. 712 Court N.Y. App. Div. English

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p. 712
Manhattan Realties, Inc., Appellant, v. Godfrey M. Weinstein & Co., Inc., and Yorkville Operating Co., Inc., Respondents.

Judgment of the County Court of Nassau county reversed upon the law and the facts and a new trial ordered, costs to abide the event. We are of opinion that, under the admissions contained in the answers of the defendants and the testimony of the witness Ornstein, plaintiff’s case was made out and that the ease should have been submitted to the jury. Lazansky, P. J., Rich, Young, Hagarty and Carswell, JJ., concur.