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HART v. HELLMAN CO.

17 A.D.2d 438 (1962)

Milton Hart, Appellant, v. John G. Hellman Co., Inc., et al., Respondents

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

December 11, 1962.

Attorney(s) appearing for the Case

Samuel Kalmanash for appellant.

Samuel Lawrence Brennglass for respondents.

BREITEL, J. P., and VALENTE, J., concur with McNALLY, J.; BERGAN, J., dissents in opinion in which STEVENS, J., concurs.

McNALLY, J.

In an action on two contracts plaintiff appeals from the judgment entered April 12, 1962 insofar as it dismisses the complaint on the merits at the close of the evidence and before submission to the jury.

The individual defendant was engaged in the electrical contracting business under the name and style of John G. Hellman Co. until on or about January 1, 1948; thereafter the business was...

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