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Kimma v. Leonard Chazen, Inc.

8 Misc. 2d 589 Court Supreme Court, Appellate Term, First Department, Decision date 1957-02-14 English

Judges Heoht, Aurelio and Tilzer, JJ., concur.

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p. 589
Josef Kimma, Appellant, v. Leonard Chazen, Inc., Respondent.
Supreme Court, Appellate Term, First Department,
February 14, 1957.
Marc Hermelin and Irving L. Rollins for appellant.
Hyman Abrams for respondent.

The purpose of an oral indorsement is merely to apprise the defendant of the nature of the cause of action which function was served here by the indorsement.

The summary statement of the cause of action indorsed on the summons was legally sufficient pursuant to section 78 of the Municipal Court Code.

The judgment should be reversed and new trial ordered, with $30 costs to appellant.

Heoht, Aurelio and Tilzer, JJ., concur.

Judgment reversed, etc.