Appellate Terms of the Supreme Court of New York, 1916

Lobell-Aborn Auto Co. v. O'Connor

Appellate Terms of the Supreme Court of New York · Decided February 10, 1916 · Bijur

157 N.Y.S. 146 (New York Supplement)

Counsel

Abram Goodman, of New York City, for appellant., Herman H. Levy, of New York City, for respondent.

Opinion of the Court

BIJUR, J.

This action was brought for gasoline furnished by plaintiff to defendant of the value of $13.20, liability for which defendant admitted. Upon the trial the court dismissed the complaint, and also dismissed the counterclaim. When the counterclaim. was dismissed, judgment should have been given for plaintiff for tire amount concededly due it.

Judgment reversed, with $10 costs to appellant, and judgment directed for the plaintiff for the sum of $13.20 and appropriate costs in the court below. All concur.

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