Opinion
November 13, 1973
Appeal from the Civil Court of the City of New York, County of New York, IRVING SMITH, J., BENTLEY KASSAL, J.
Glatzer, Glatzer Davis ( Harold Glatzer of counsel), for appellant.
Williamson Williamson ( Kenneth Williamson, Martin I. Samuels and Paul Heyman of counsel), for respondent.
The agreed statement of facts was insufficient to permit a determination of the issues. The express, implied or apparent authority of Buster Douglas, and the question of whether plaintiff acted with reasonable prudence are matters which should be fully explored at a trial.
The judgment should be reversed and new trial ordered with $30 costs to abide the event; appeal from decision dismissed.
Concur — FINE, J.P., LUPIANO and QUINN, JJ.
Judgment reversed, etc.