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Siegel v. Goodman

186 Misc. 108 Court Supreme Court, Appellate Term, First Department, Decision date 1945-12-21 English

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p. 108
Harry L. Siegel, Respondent, v. Harry Goodman et al., Appellants.
Supreme Court, Appellate Term, First Department,
December 21, 1945.
p. 109
Lawrence 1. Gerber for appellants.
Bennett I. Schlessel for respondent.

The complaint should have been dismissed at the end of plaintiff’s case. Under section 33-c of the Personal Property Law, there could be no modification of the written agreement unless in writing.

The judgment should be reversed, with costs, and complaint dismissed on the merits, with costs.

Hammer, McLaughlin and Eder, JJ., concur.

Judgment reversed, etc.