EMPIRE ARTISTS MATERIALS v. SMALL


28 Misc.2d 502 (1960)

Empire Artists Materials, Respondent, v. Marvin Small, Defendant, and Sylvia C. Small, Appellant.

Supreme Court, Appellate Term, First Department.

September 29, 1960


Attorney(s) appearing for the Case

Gutterman & Reichbart (James Carroll of counsel), for appellant. Elfenbein & Elfenbein (Ira Lee Elfenbein of counsel), for respondent.

HOFSTADTER and AURELIO, JJ., concur; STEUER, J. P., dissents and votes to affirm.


Per Curiam.

Close issues of fact are presented as to whether the artists' articles in question, furnished to defendant wife, are necessaries, and if not, whether they were purchased for the defendant husband's account, which issues should be determined upon a trial. Moreover, while section 222-a of the Civil Practice Act specifically authorizes a partnership to sue or be sued in its partnership name, the fact that it is a partnership and who the persons are...

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