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MASS v. VIEMONT RUG CLEANING CO.

9 Misc.2d 959 (1958)

Murray Mass, Appellant, v. Viemont Rug and Carpet Cleaning Company, Respondent.

Supreme Court, Appellate Term, Second Department.

January 7, 1958.

Attorney(s) appearing for the Case

Solomon B. Terkeltaub for appellant.

Henry Gallop and S. Frederick Placer for respondent.

PETTE, HART and DI GIOVANNA, JJ., concur.

Per Curiam.

Defendant on cross-examination conceded that the color of the fabric had run. He had made a test patch before shampooing the sofa which should have advised him that in this instance shampooing would be a negligent manner of doing the work; that this particular sofa called for dry cleaning. Either his work was negligent or his test patch was negligent. In any event, in addition to negligence, there was a...

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