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JAMIL v. SOUTHRIDGE COOP

102 Misc.2d 404 (1979)

Basharat Jamil, Respondent, v. Southridge Cooperative, Section No. 4, Inc., Appellant.

Supreme Court, Appellate Term, Second Department.

September 10, 1979.

Attorney(s) appearing for the Case

Dreyer & Traub (Seymour D. Reich and Thomas C. Lambert of counsel), for appellant. Basharat Jamil, respondent pro se. Yavner Gallet & Dreyer (Jeffry H. Gallet, Stanley B. Dreyer and Ronald J. Gold of counsel), for Federation of 213's, Inc., amicus curiae.

MEMORANDUM.

Judgment of the court below (93 Misc.2d 383) reversed with $30 costs and complaint dismissed.

Plaintiff instituted this action to recover the sum of $2,000 paid by him to defendant. A full and complete statement of the facts is to be found in the opinion of the court below.

A careful review of the evidence reveals that plaintiff never informed defendant...

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