Kimma v. Leonard Chazen, Inc.

Full title: JOSEF KIMMA, Appellant, v. LEONARD CHAZEN, INC., Respondent

Court: Supreme Court, Appellate Term, First Department

Date published: Feb 14, 1957

8 Misc. 2d 589 (N.Y. App. Term 1957)

167 N.Y.S.2d 332

Opinion

February 14, 1957

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, CARSON DE WITT BAKER, J.

Marc Hermelin and Irving L. Rollins for appellant.

Hyman Abrams for respondent.

Per Curiam.

The purpose of an oral indorsement is merely to apprise the defendant of the nature of the cause of action which function was served here by the indorsement.

The summary statement of the cause of action indorsed on the summons was legally sufficient pursuant to section 78 of the Municipal Court Code.

The judgment should be reversed and new trial ordered, with $30 costs to appellant.

HECHT, AURELIO and TILZER, JJ., concur.

Judgment reversed, etc.