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HERALD CO. v. FREY

35 A.D.2d 905 (1970)

Herald Company, Respondent, v. Joseph Frey, Appellant

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

November 5, 1970

Order unanimously reversed, without costs, and stay granted.

Memorandum:

In his application for a stay of this action on a promissory note defendant asserts that weekly payments on the obligation were to be made only by deduction from a transportation allowance extended to him by plaintiff in his capacity as a newspaper distributor pursuant to a franchise agreement requiring no out-of-pocket expense and that the...

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