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Per Curiam. The agreed statement of facts was insufficient to permit a determination of the issues. The express, implied or apparent authority of Buster Douglas, and the question of whether plaintiff acted with reasonable prudence are matters which should be fully explored at a trial.
The judgment should be reversed and new trial ordered with ~$30 costs to abide the event; appeal from decision dismissed.
Concur — Fine, J. P., Lupiano and Quinn, JJ.
Judgment reversed, etc.
Document Info
Citation Numbers: 75 Misc. 2d 1004
Filed Date: 11/13/1973
Precedential Status: Precedential
Modified Date: 2/5/2022