MATTER OF BERING v. PATTERSON


2 A.D.2d 820 (1956)

In the Matter of Herman Bering, as President of New York City Transit System, Local Division 1397 of Amalgamated Association of Street, Electric Railway and Motor Coach Employees of America, A. F. L., Respondent, v. Charles L. Patterson et al., Constituting The New York City Transit Authority, Appellants

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

September 24, 1956


Order reversed on the law and the facts, with $50 costs and disbursements, and proceeding dismissed, without costs.

The answer to the petition raised issues of fact, and alleged matters by way of defense, which tended to establish that respondent had breached the agreement sought to be enforced in a material respect, and that the Authority had, consequently, terminated the agreement. No reply was served, and the allegations of new matter by way of defense were not...

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