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MAHOGANY MFG. CO., S. A. v. FOXTOW

13 Misc.2d 433 (1958)

Mahogany Manufacturing Company, S. A., Respondent, v. David L. Foxtow et al., Appellants.

Supreme Court, Appellate Term, First Department.

June 26, 1958.

Attorney(s) appearing for the Case

Roy M. Lazarus for David L. Foxtow and another, appellants.

Abraham L. Kramer and George Minkin for Ruth Vitow and another, appellants.

Harry Sena for respondent.

STEUER, J. P., and AURELIO, J., concur; HOFSTADTER, J., concurs in result.

Per Curiam.

There was no credible testimony that plaintiff dealt with the defendants and overwhelming proof that it dealt with a corporation not sued.

The judgment should be reversed, with $30 costs, and complaint dismissed, with costs.

Judgment...

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