Opinion

John v. Dinan Co.

230 N.Y.S. 145 · Appellate Terms of the Supreme Court of New York · Jun 29, 1928

Full text

John v. Dinan Co., Inc. v. Dorothy M. Slater

Opinions in this case

Majority
Dissent — Levy

Per Curiam. There being neither pleading nor proof of compliance by plaintiff with the provisions of the General Business Law (§§ 37-39-o; superseded by Education Law, §§ 1450, 1467, [455] added by Laws of 1927, chap. 85), the recovery cannot be sustained. (Preiser v. Solomon, 170 N. Y. Supp. 307.) Judgment and order reversed, with costs, and complaint dismissed, with costs. Bijur and Lydon, JJ., concur.