Majority
p. 606Margaret C. Thomas et al., Respondents, et al., Plaintiffs, v. James Polimeni et al., Individually and as Copartners Doing Business under the Name of Jimmy & Rocky Fruits & Produce, Appellants, et al., Defendants.
Judgment against James Polimeni and Rocco Michael De Lorenzo, Jimmy De Lorenzo and Rocco De Lorenzo, individually and as copartners doing business under the firm name and style of Jimmy & Rocky Fruits & Produce is unanimously reversed, on the law, and a new trial ordered, with costs to abide the event. (See Thomas v. Central Greyhound Lines, 6 A D 2d 649 .) There being no opposition, this cause is consolidated with Thomas v. Central Greyhound Lines (supra). Concur— Botein, P. J., Rabin, M. M. Frank, McNally and Stevens, JJ.
Cases cited
- Thomas v. Central Greyhound Lines, Inc. 6 A D 2d 649 p. 606