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Garliner v. Allan Herschell Co.

8 A.D.2d 989 Court N.Y. App. Div. Decision date 1959-07-09 English

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p. 989
Jack Garliner, Appellant-Respondent, v. Allan Herschell Company, Inc., Respondent-Appellant.

Judgment reversed on the law and facts and a new trial granted, with costs to the plain tiff-appellant to abide the event, on the ground that the evidence presented a question of fact which should have been presented to the jury. All concur. (Cross appeals from a judgment of Monroe Trial Term dismissing plaintiff’s complaint and defendant’s counterclaim after motions by both parties as to the complaint and a motion by plaintiff as to defendant’s counterclaim, in an action for damages 'for an alleged breach of contract.) Present — MeCurn, P. J., Kimball, Williams, Bastow and Goldman, JJ.