Sam Kaplan Manufacturing & Supply Co. v. Motorized Talking Picture Service, Inc.

Majority

p. 9

Sam Kaplan Manufacturing & Supply Co., Inc., Respondent, v. Motorized Talking Picture Service, Inc., Appellant.

First Department,

January 19, 1934.

Copal Mintz of counsel [Samuel M. Birnbaum with him on the brief; Samuel M. Birnbaum and Copal Mintz, attorneys], for the appellant.

Harold Mortimer Brown, for the respondent.

For the reasons stated in Kaplan Mfg. & Sup. Co., Inc., v. Motorized T. P. S., Inc. ( 240 App. Div. 7 ), decided herewith, the judgment and order granting motion for summary judgment should be reversed, with costs, and the motion denied, with ten dollars costs.

Present — Finch, P. J., Martin, Townley, Glennon and Untermyer, JJ.

Judgment and order reversed, with costs, and motion denied, with ten dollars costs.