ARKIN v. HELLER CO.


197 Misc. 1084 (1950)

Max Arkin et al., Doing Business under the Name of Arkin Headwear Co., et al., Appellants, v. Sig Heller Company, Inc., Respondent.

Supreme Court, Appellate Term, First Department.

June 15, 1950.


Attorney(s) appearing for the Case

Stanley Hendricks and Julian Buchbinder for appellants.

Leo M. Wieder for respondent.

PECORA and HECHT, JJ., concur.


HOFSTADTER, J.

The action is by tenants against their landlord to recover for property damage caused by water leakage. It was begun in November, 1948, and noticed for trial on the jury calendar for November 23, 1948. It appeared on the pretrial calendar when settlement was discussed.

On January 22, 1950, shortly before the action was to be reached for trial, the plaintiffs served their bill of particulars to which photostatic copies of the leases...

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