POMERANTZ v. SUSSMAN


279 A.D. 1019 (1952)

Jacob M. Pomerantz, Appellant, v. Emanuel Sussman et al., Individually and as Copartners Doing Business under the Name of County Seat Sales Co., et al., Respondents

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

April 14, 1952.


Amended judgment reversed on the law and the facts and a new trial granted, with costs to abide the event, without prejudice to defendants Fragola making an application, if they be so advised, to amend their answer.

Plaintiff may testify to his negotiations with his customer, though in the absence of the seller, to show that he was the procuring cause of the sale. (Melkon v. Kirk & Co., 232 App. Div. 134; Meyers...

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