JUDITH GARDEN v. MAPEL


73 Misc.2d 810 (1973)

Judith Garden, Inc., Plaintiff, v. Virginia L. Mapel, Doing Business as The Gazebo, Defendant.

Civil Court of the City of New York, Trial Term, New York County.

March 29, 1973


Attorney(s) appearing for the Case

Richard A. Kerner for plaintiff. John A. Kiser for defendant.


BENTLEY KASSAL, J.

The facts in this nonjury case are not in controversy. The sole legal issue is essentially simple:

Can a party dealing with an individual apparently representing a business operating under a trade name assume that it is not dealing with a corporation? Or does a trade name so alert a contracting party that it has the burden of determining whether it is actually doing business with a...

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