Flaherty v. Helmers, Inc.

Full title: BERNARD FLAHERTY, Respondent, v. NICK F. HELMERS, INC., et al., Appellants

Court: Supreme Court, Appellate Term, First Department

Date published: May 16, 1944

181 Misc. 994 (N.Y. App. Term 1944)

50 N.Y.S.2d 510

Opinion

May 16, 1944.

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, HAAS, J.

Emil V. Pilz for appellants.

Samuel Schacter and George Dines for respondent.

Judgment affirmed, with twenty-five dollars costs, and respondent allowed twenty-five dollars attorney's fee.

Concur: HAMMER and HECHT, JJ. Dissenting: EDER, J.

EDER, J. (dissenting).

I dissent upon the ground that in the circumstances shown appellants were not engaged in "commerce".