Determination of the Appellate Term and judgment entered May 12, 1964 in the Civil Court, New York County, in favor of plaintiff after a jury trial, unanimously reversed on the law and the facts, and a new trial granted, without costs or disbursements.
Plaintiff sued to recover upon a check issued by defendants for carpeting and floor tile installed by plaintiff in defendants' residence. Defendants counterclaimed for breach of warranty based on work not encompassed...
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