FRANKEL v. BERMAN


19 Misc.2d 1074 (1959)

Jacob Frankel et al., Doing Business under the Name of Marcy Do-Nut and Cruller, Respondents, v. David Berman, Doing Business under the Name of Berman Bakers Equipment, Respondent. David Berman, Doing Business under the Name of Berman Bakers Equipment, Third-Party Plaintiff-Respondent, v. Anita Israel, as Executrix of Louis Israel, Deceased, Third-Party Defendant-Appellant. Anita Israel, as Executrix of Louis Israel, Deceased (Who Did Business as Wesco Wire Goods Co.), Fourth-Party Plaintiff-Appellant, v. Saul Wolshine et al., Copartners Doing Business under the Name of Egyptian Polishing and Plating Works, Fourth-Party Defendant-Respondent.

Supreme Court, Appellate Term, First Department.

June 11, 1959.


Attorney(s) appearing for the Case

Kaufman & Gluck (Stanley L. Gluck of counsel), for third-party defendant-appellant and fourth-party plaintiff-appellant.

Sol Dubow for plaintiffs-respondents.

Seymour Silverman for third-party plaintiff-respondent.

Nathan R. Shapiro for fourth-party defendant-respondent.

STEUER and TILZER, JJ., concur in Per Curiam opinion.


Per Curiam.

We are all in accord that for reasons which will appear shortly the judgment in this action cannot be allowed to remain in its original form. We are also in accord that the steps taken upon the trial and the various appeals render it very difficult to arrive at a solution that does justice and is in accordance with procedural regulations. It is not surprising that under these circumstances agreement should...

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