Lenkay Sani Products Corp. v. Benitez

In an action to recover damages for breach of contract, defendant appeals from a judgment of the Supreme Court, Kings County, entered *525December 21, 1972, in favor of plaintiff, after a non jury trial. Judgment reversed, on the law, and new trial granted before a Justice other than the one who conducted the trial under review, with costs to abide the event. The court has considered the questions of fact and has determined that it would not grant a new trial upon those questions. Under the contract between the parties, defendant Avas to manufacture certain machines to plaintiff’s order. After…