Rossano v. Kaminsky
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Eighth District. Action by Giuseppe Rossano and another against Abraham Kaminsky and another. From a judgment dismissing the complaint, plaintiffs appeal. Reversed, and new trial ordered.
1Opinion of the CourtBijur, J.
Plaintiffs certainly made out a prima facie case of the purchase of vinegar from defendants, introducing the bill receipted by defendants, and showed that the vinegar had been inspected by officers of the state government and found below test, whereupon plaintiffs were sued by the state for the appropriate penalty, and compromised for $50. They further showed that they had notified defendants of the pendency of the action and afforded defendants an *896opportunity to defend the same. Under the circumstances, plaintiffs are to recover. Friedgood v. Kline, 67 Misc. Rep. 428, 123 N. Y. Supp. 247.
Judg…
2Cases cited1 opinion
- Friedgood v. KlineNew York Supreme Court · 1910