Appellate Terms of the Supreme Court of New York, 1959

Hernly v. Vogel

Appellate Terms of the Supreme Court of New York · Decided May 26, 1959 · Brown, Hart, Pette

18 Misc. 2d 382; 193 N.Y.S.2d 312; 1959 N.Y. Misc. LEXIS 3612

Counsel

Allinson & Qersof (David J. Weinblatt of counsel), for appellant., Sidney L. Masone for respondent.

Opinion of the Court

Per Curiam.

The judgment should be unanimously reversed on the law and facts, with $30 costs to the defendant and complaint dismissed, with appropriate costs in the court below.

The record discloses that the plaintiff knew or should have known that, in selling and delivering the seafood, she was dealing not with the defendant individually but with the restaurant corporation of which he was president.

Concur — Pette, Hart and Brown, JJ.

Judgment reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.