LOUIS GENDELMAN RIGGING & TRUCKING, INC. v. KOEPPEL


29 A.D.2d 540 (1967)

Louis Gendelman Rigging & Trucking, Inc., Respondent, v. Alfred J. Koeppel et al., Copartners Doing Business as Koeppel & Koeppel, Appellants

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

December 4, 1967


Order reversed insofar as appealed from and judgment reversed, on the law, without costs, and said motion denied.

In our opinion, the papers submitted created doubt as to the existence of a triable issue, namely, whether plaintiff had actual knowledge, at the time the contract was made, that defendants were acting as an agent and knew the identity of the alleged principal (Ell Dee Clothing Co. v. Marsh, 247 N.Y. 392, 398; Unger v. Travel Arrangements

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