Troiano v. Galasso — 151 N.Y.S. 1148

Majority

p. 1148

TROIANO, Respondent, v. GALASSO et al., Appellants.

(Supreme Court, Appellate Division, Second Department.

February 11, 1915.)

Headnote

Action by Agostino Troiano against Antonio Galasso and another.

Order reversed, with $10 costs' and disbursements, and motion denied, with $10 costs, without prejudice to a renewal of the motion at Special Term upon further papers. The reversal is upon the ground that, the partnership having been denied, there was no satisfactory evidence in this record that there was a partnership in fact between the parties. Any funds in the custody of the receiver to be subject to the further order of the Special Term.

RICH, J., not voting.