Citation Numbers: 285 A.D. 927, 1955 N.Y. App. Div. LEXIS 6130, 139 N.Y.S.2d 882
Filed Date: 3/1/1955
Status: Precedential
Modified Date: 10/28/2024
Order unanimously affirmed, with $20 costs and disbursements to respondent. We take it that the intendment of the pleading is to allege a consummated sale with delivery of the merchandise. That will be essential proof at the trial and we deem the pleading sufficient for the purpose of the allegation. Present — Peck, P. J., Cohn, Breitel, Bastow and Rabin, JJ.