Passman v. Oliphant & Co.

Judgment entered March 5, 1974 in the Supreme Court, New York *879County, in plaintiff’s favor and dismissing defendant’s counterclaim after a nonjury trial, reversed, "on the law, and vacated, the complaint is dismissed and judgment granted to defendant on its counterclaim in the sum of $1,942.17, with $60 costs and disbursements to appellant. The facts, recited in the dissent, are undisputed. The trial court properly concluded that the defendant was not guilty of any fraud or negligence proximately causing the loss which was due solely to Lincoln’s wrongful refusal to accept the proper tender…