38 Misc. 2d 687 | N.Y. App. Term. | 1962
Motion for reargument granted and upon reargument the decision on the appeal is amended to read as follows:
Order unanimously reversed, with $10 costs to appellant, motion -granted, judgment vacated, complaint dismissed and restitution directed to be made within 10 days after service of a copy of the order hereon, with notice of entry.
The judgment against the trade name herein is a nullity "because there is no provision of law which permits the commencement of an action against a business operating under a trade name but rather permits the commencement of an action against an indiyidual, doing business under a trade name. Neither Betty Garfinkel nor Aaron H. Garfinkel was named as a defendant dping business under a trade name. Consequently no action in
Insofar as leave to appeal to the Appellate Division is requested, the motion is denied.
Order reversed, etc.
Concur — Hart, Di Giovahna and Brown, JJ.