KOGAN v. ROSENFIELD


276 A.D. 831 (1949)

Alexander Kogan, Doing Business as Alexander Furs, Respondent, v. Edward Rosenfield, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

December 12, 1949.


Judgment, so far as appealed from, is reversed, with costs to the appellant to abide the event, and a new trial ordered against the defendant Edward Rosenfield only, on the first cause of action in contract to recover the sum of $12,500 for what is described as a "natural silva-blue platinum mink coat". The second cause of action is dismissed on the merits on the ground that, under the circumstances disclosed in the record, the $12,500 coat, as a matter of law, may not be...

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