HONIG v. REBELL


40 A.D.2d 701 (1972)

Martin Honig, Respondent, v. Harry Rebell et al. Copartners, Doing Business as J. C. Management Co., Appellants

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

October 24, 1972


Interlocutory judgment reversed, on the law, and new trial granted in the interests of justice, with costs to abide the event.

In our opinion, the evidence on the issue of notice was inadequate to sustain plaintiff's burden of proof and a new trial should be had in the interests of justice to afford plaintiff a further opportunity to make the required proof.

Martuscello, Acting P. J., concurs in part and dissents in part, with the following memorandum...

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