SAMUEL BREITER & CO. v. WARD LA FRANCE TRUCK CORP.


19 Misc.2d 958 (1959)

Samuel Breiter & Co., Inc., Appellant, v. Ward La France Truck Corp. et al., Respondents.

Supreme Court, Appellate Term, First Department.

June 18, 1959.


Attorney(s) appearing for the Case

Joseph Schwartzman and Benedict Ginsberg for appellant.

Emanuel Luria for Ward La France Truck Corp., respondent.

Concur — STEUER, J. P., HOFSTADTER and AURELIO, JJ.


Per Curiam.

An entry in the records of a defendant showing the amount of a trade-in allowance in a transaction is not admissible, under section 374-a of the Civil Practice Act, as against third persons, to establish the reasonable value of the article traded in.

The judgment should be reversed and a new trial ordered, with $30 costs to appellant to abide the event.

Judgment...

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