Judgment reversed, on the law and in the interests of justice, and new trial granted, with costs to abide the event.
The questions of fact have not been considered. The basis of the action is that defendant, a liquor wholesaler, published, pursuant to subdivision 5 of section 101-aa of the Alcoholic Beverage Control Law, a notice that plaintiff, the owner of a bar, was in default of payment for liquor, although he had not ordered the liquor from defendant. It was...
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