COHEN v. LANSBURGER


28 Misc.2d 549 (1960)

Mildred Cohen et al., Appellants, v. Morris Lansburger et al., Copartners Doing Business as Sherry Frontenac of Miami Beach, Respondents.

Supreme Court, Appellate Term, First Department.

November 3, 1960


Attorney(s) appearing for the Case

Kaplan & Zabronsky (Abraham Kaplan and Sidney S. Goldstein of counsel), for appellants. E. Edan Spencer and Nicholas Arcomano for respondents.

Concur — HOFSTADTER, J. P., AURELIO and TILZER, JJ.


Per Curiam.

On the record presented, and in accordance with section 237-a of the Civil Practice Act, the Special Term should have directed a trial of the issue of fact whether the person with whom process had been left was a person in charge of the business in which the defendants are engaged within the State of New York. The trial before a Referee or jury shall be limited to this issue, the defendants' special appearance being based on their objection that...

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