Deneri v. Gene Louis, Inc., 1942 N.Y. LEXIS 1441

Deneri v. Gene Louis, Inc.

1942 N.Y. LEXIS 1441

1942

Check Treatment

Judgments modified by providing that the complaint is dismissed without prejudice to a new action, and as so modified, affirmed, without costs. Sufficient basis does not exist in the statement of “ agreed facts ” for a determination upon the merits of the questions argued in the briefs since the statement recites only claims and contentions of plaintiff instead of facts. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.