Filed Date: 3/28/1941
Status: Precedential
Modified Date: 10/28/2024
Final order unanimously reversed and a new trial ordered, with costs to the appellant to abide the event, on the ground that there were issues of fact to be submitted to the jury. It is doubtful, however, whether complete relief can be obtained in this proceeding without the presence of Theodore Rosen as a party. Present — Martin, P. J., Townley, Dore, Cohn and Callahan, JJ.