Lincoln Service v. Rivera

Full title: LINCOLN SERVICE, INC., Respondent, v. MARCIAL RIVERA, Appellant

Court: Supreme Court, Appellate Term, Second Department

Date published: Oct 25, 1946

187 Misc. 607 (N.Y. App. Term 1946)

68 N.Y.S.2d 155

Opinion

October 25, 1946.

Appeal from the Municipal Court of the City of New York, Borough of Brooklyn, McNULTY, J.

Abraham Epstein for appellant.

Benjamin H. Schor for respondent.

MEMORANDUM

Per Curiam.

The agreement sued upon is unenforcible because it lacks mutuality of obligation. ( Lincoln Service, Inc., v. Mack's Grill, Inc., N.Y.L.J., June 15, 1946, p. 2389, col. 3.)

The judgment should be unanimously reversed upon the law, with $30 costs to defendant, and complaint dismissed with appropriate costs in the court below.

MacCRATE, SMITH and FENNELLY, JJ., concur.

Judgment reversed, etc.