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MATTIOLO v. HERMELE

3 A.D.2d 943 (1957)

Joseph Mattiolo, Doing Business as Matty's Millinery, Respondent, v. Murray Hermele, Individually and Doing Business as Trim Novelty Co., Appellant, et al., Defendants

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

May 27, 1957

Judgment, insofar as appealed from, affirmed, with costs.

No opinion.

Murphy and Kleinfeld, JJ., dissent and vote to reverse the judgment insofar as appealed from and to dismiss the complaint insofar as it seeks to recover for goods sold and delivered, with the following memorandum: Respondent's testimony that he did not know he was doing business with a corporation is utterly incredible. He frequently visited the corporation's plant and must have seen there...

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