MOSKOWITZ v. EMAR SERV. CORP.


12 A.D.2d 821 (1961)

Beckie Moskowitz et al., Respondents-Appellants, v. Emar Service Corp., Doing Business as Utopia Auto Laundry, Respondent, and Rudolph Goldberg, Appellant. (Action No. 1.) Samuel Cohen et al., Respondents-Appellants, v. Morris Rosen, Doing Business as Utopia Auto Laundry, et al., Respondents, and Rudolph Goldberg, Appellant. (Action No. 2.) Rose Sherman, as Administratrix of The Estate of Irving Sherman, Deceased, et al., Respondents-Appellants, v. Rudolph Goldberg, Appellant, and Emar Service Corp., Doing Business as Utopia Auto Laundry, Respondent. (Action No. 3.)

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

January 30, 1961


Judgment, insofar as it is against defendant Goldberg and in favor of each of the plaintiffs, other than the plaintiff Sadie Cohen, affirmed, without costs. Judgment, insofar as it is against defendant Goldberg and in favor of plaintiff Sadie Cohen (in Action No. 2), reversed on the facts and, as to said plaintiff, the action is severed and new trial granted, with costs to abide the event, unless, within 20 days after entry of the order hereon, said plaintiff shall stipulate...

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