WEINGART v. DIRECTOIRE REST.


75 Misc.2d 1004 (1973)

Donald Weingart, Respondent, v. Directoire Restaurant, Inc., Appellant.

Supreme Court, Appellate Term, First Department.

November 13, 1973


Attorney(s) appearing for the Case

Glatzer, Glatzer & Davis (Harold Glatzer of counsel), for appellant. Williamson & Williamson (Kenneth Williamson, Martin I. Samuels and Paul Heyman of counsel), for respondent.

Concur — FINE, J. P., LUPIANO and QUINN, JJ.


Per Curiam.

The agreed statement of facts was insufficient to permit a determination of the issues. The express, implied or apparent authority of Buster Douglas, and the question of whether plaintiff acted with reasonable prudence are matters which should be fully explored at a trial.

The judgment should be reversed and new trial ordered with $30 costs to abide the event; appeal from decision dismissed.

Judgment...

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