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Appellate Terms of the Supreme Court of New York, 1959

Miller v. La Guerta

Miller v. La Guerta
Appellate Terms of the Supreme Court of New York · Decided May 26, 1959 · Brown, Hart, Pette
18 Misc. 2d 457; 193 N.Y.S.2d 315; 1959 N.Y. Misc. LEXIS 3619

Counsel

Michael Lifschuts for appellant., No appearance for respondent.^

Miller v. La Guerta

Opinion of the Court

Per Curiam.

The judgment should be unanimously reversed upon the law and facts and a new trial granted, with $10 costs to the plaintiff to abide the event. Appeal from decision dismissed. No appeal lies therefrom (N. Y. City Mun. Ct. Code, § 154).

The defense predicated on the claim of plaintiff’s nonperformance was not fully developed at the trial.

Concur — Pette, Hart and Brown, JJ.

Judgment reversed, etc.

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