GIBILARO v. LOMAX TRADING CORP.


22 A.D.2d 703 (1964)

Alfonso Gibilaro, Respondent, v. Lomax Trading Corp., Appellant, et al., Defendant

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

October 26, 1964


Order of the Appellate Term reversed on the law, without costs, and judgment of the Civil Court of the City of New York reinstated.

If we did not reverse upon the law, we would affirm the findings of fact implicit in the jury's verdict and would have affirmed the order of the Appellate Term reinstating the verdict. Plaintiff testified in substance that he made a "sidewalk" delivery of three cartons to the corporation. The corporation's employee, defendant Martinez...

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