Appellate Terms of the Supreme Court of New York, 1977

Burgess v. Leon's Auto Collision, Inc.

Appellate Terms of the Supreme Court of New York · Decided March 29, 1977

91 Misc. 2d 128; 397 N.Y.S.2d 358; 1977 N.Y. Misc. LEXIS 2253

Counsel

Bornstein & Bornstein (David Bornstein of counsel), for appellant. Rudy Hirschheimer for respondent.

Opinion of the Court

Memorandum. Judgment and order (see 87 Misc 2d 351) affirmed, without costs.

The lower court’s judgment in favor of plaintiff and its denial of defendant’s motion were proper under the circum*129stances herein. We do not pass upon the admissibility of the "Authorization to Repair” since the court below specifically found that, even if the document was admitted into evidence, it would still have determined that plaintiff did not sign the "Authorization to Repair”. Accordingly, any issue as to the document’s admissibility is academic.

Concur: Rinaldi, P. J., Weinstein and Thompson, JJ.

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