MILLER v. LA GUERTA


18 Misc.2d 457 (1959)

Abraham Miller, Appellant, v. Leonora La Guerta, Respondent.

Supreme Court, Appellate Term, Second Department.

May 26, 1959.


Attorney(s) appearing for the Case

Michael Lifschutz for appellant.

No appearance for respondent.

Concur — PETTE, HART and BROWN, JJ.


Per Curiam.

The judgment should be unanimously reversed upon the law and facts and a new trial granted, with $10 costs to the plaintiff to abide the event. Appeal from decision dismissed. No appeal lies therefrom (N. Y. City Mun. Ct. Code, § 154).

The defense predicated on the claim of plaintiff's nonperformance was not fully developed at the trial.

Judgment...

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