SHANE v. MIELE


18 Misc.2d 439 (1959)

Bernard W. Shane, Appellant, v. Alfonso Miele, Doing Business as Miele Auto Sales and Repair Co., Respondent.

Supreme Court, Appellate Term, Second Department.

June 16, 1959.


Attorney(s) appearing for the Case

Paltrow & Paltrow for appellant.

No appearance for respondent.

Concur — PETTE, HART and BROWN, JJ.


Per Curiam.

The judgment should be unanimously reversed on the law and facts, with $10 costs to plaintiff and a new trial ordered.

The trial court's rulings with respect to damages and refusal to grant plaintiff an adjournment for the purpose of securing counsel and obtaining additional evidence of damages sustained, require a new trial in the interests of substantial justice.

Judgment...

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