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Memorandum Per Curiam. The complaint should have been dismissed at the end of plaintiff’s case. Under section 33-c of the Personal Property Law, there could be no modification of the written agreement unless in writing.
The judgment should be reversed, with costs, and complaint dismissed on the merits, with costs.
Hammer, McLaughlin and Eder, JJ., concur.
Judgment reversed, etc.
Document Info
Filed Date: 12/21/1945
Precedential Status: Precedential
Modified Date: 11/10/2024