BARBAGALLO v. AMERICANA CORP.


32 A.D.2d 622 (1969)

Joseph Barbagallo, Respondent-Appellant, v. Americana Corp., Respondent, and Norman Thierer, Appellant

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

May 6, 1969


Judgment in favor of plaintiff against defendant Thierer and dismissing plaintiff's complaint as against defendant Americana Corp., affirmed, with $50 costs and disbursements to plaintiff-respondent as against defendant-appellant (Thierer) and with $50 costs and disbursements to defendant-respondent (Americana Corp.) as against plaintiff.

Although we agree with Mr. Justice McNALLY, in dissent, that it was error for the trial court to exclude evidence of the telephone...

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