Brenner v. Strasbourger — 283 N.Y. 609

Majority

p. 609

Harry Brenner, Appellant, v. Samuel Strasbourger et al., Doing Business as Strasbourger & Schallek, Respondents.

Argued April 18, 1940;

decided May 21, 1940.

p. 610

Samuel Rubin and A. Alfred Conrad for appellant.

Samuel Randel and Alfred Englander for respondents.

Judgments reversed and a new trial granted, with costs to the appellant to abide the event, on the ground that plaintiff made out a prima facie case in regard to the second cause of action. No opinion.

Concur: Loughban, Finch, Rippey and Conway, JJ. Dissenting: Lehman, Ch. J., Seabs and Lewis, JJ.