SCHULTZ v. ALFRED


11 A.D.2d 266 (1960)

Louis Schultz, Respondent-Appellant, v. David Alfred et al., Doing Business as Alfred Distributing Co., Respondents, and Larner Coal and Oil Co., Inc., Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 27, 1960.


Attorney(s) appearing for the Case

George Polansky (William F. Conway of counsel), for respondent-appellant.

Towner & Erway (Neile F. Towner and William R. Crotty of counsel), for respondents.

Lewis & Lyons (Donohue & Bohl of counsel), for Larner Coal and Oil Co., appellant-respondent.

BERGAN, P. J., COON, GIBSON and HERLIHY, JJ., concur.


REYNOLDS, J.

This is an appeal by the defendant, Larner Coal and Oil Co., Inc. (hereinafter referred to as the Larner Company), from a judgment for $5,000 and costs in favor of the plaintiff, Louis Schultz, and against said Larner Company. The Larner Company also appealed from an order setting aside the verdict rendered against defendant, David Alfred and others, a copartnership, doing business as Alfred Distributing...

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