R & K CORP. v. KENMONT HAT CO., INC.


2 A.D.2d 664 (1956)

R & K Corporation, Respondent, v. Kenmont Hat Co., Inc., Appellant

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

June 12, 1956


Order appealed from affirmed.

BERGAN, J. (dissenting).

If the judgment in favor of plaintiff is not to be reversed on the merits, a new trial should be ordered on defendant's motion based on newly discovered evidence. The proof in support of plaintiff's case was that the notice sent to defendant by plaintiff stated that plaintiff wanted defendant's space "for its immediate and personal use" and that this...

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