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Memorandum
Per Curiam. The application was- never approved by the defendant as specifically required by the receipt and such requirement was not waived by defendant. There was, accordingly, no liability on the part of the defendant.
Judgment reversed, with thirty dollars costs, and complaint dismissed on the merits, with costs.
Schmuck, McLaughlin and Heght, JJ., concur.
Document Info
Citation Numbers: 181 Misc. 8, 46 N.Y.S.2d 591, 1943 N.Y. Misc. LEXIS 2801
Filed Date: 11/19/1943
Precedential Status: Precedential
Modified Date: 11/10/2024