Opinion
June 26, 1958
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, CHARLES S. WHITMAN, JR., J.
Roy M. Lazarus for David L. Foxtow and another, appellants.
Abraham L. Kramer and George Minkin for Ruth Vitow and another, appellants.
Harry Sena for respondent.
There was no credible testimony that plaintiff dealt with the defendants and overwhelming proof that it dealt with a corporation not sued.
The judgment should be reversed, with $30 costs, and complaint dismissed, with costs.
STEUER, J.P., and AURELIO, J., concur; HOFSTADTER, J., concurs in result.
Judgment reversed, etc.