Appellate Terms of the Supreme Court of New York, 1948

Oleck v. Gauthier

Appellate Terms of the Supreme Court of New York · Decided December 30, 1948

194 Misc. 80; 88 N.Y.S.2d 229; 1948 N.Y. Misc. LEXIS 3951

Counsel

John R. Hawthorne for appellants., Laurence Krauss for respondent.

Opinion of the Court

Per Curiam.

Plaintiff failed to prove a prima facie case. The evidence does not establish the distribution of 20,000 copies of his “Classified Directory” to “selected Home Owners located in the five Boros of New York City,” as agreed.

The judgment and order should be unanimously reversed upon the law, and new trial granted, with $30 costs to defendants to abide the event.

Steinbrink, Rubenstein and Colden, JJ., concur.

Judgment and order reversed, etc.

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