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Alfred Marks Realty Co. v. Smith-Serrell Co.

154 N.Y.S. 1109 Court N.Y. App. Term Decision date 1915-06-28 English

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p. 1109
ALFRED MARKS REALTY CO. v. SMITHSERRELL CO., Inc.
(Supreme Court, Appellate Term, First Department.
June 28, 1915.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, First District Action by Alfred Marks Realty Ctimpany against Smith-Serrell Company. Judgment for plaintiff, and defendant appeals. Reversed, and complaint dismissed. Louis Bevier, Jr., of New York City, for appellant. John C. Judge, of Brooklyn, for respondent.

The cause of action in this case is based upon a contract exactly similar to the one in the case of Marks Realty Co. v. Churchills, reported in 153 N. Y. Supp. 264 , and the judgment must therefore be reversed. Judgment reversed with costs, and complaint dismissed with costs.