RECORD ON APPEAL From the Determination of the Appellate Term on Appeal

from the Municipal Court of the City of New York, Borough of Manhattan, Ninth District.

Index to Record to Appellate Division.

PAGE

1

55

Statement Under Rule 234
Notice of Appeal to Appellate Division
Order of Appellate Division Granting Leave

to Appeal
Order of Reversal
Decision of Appellate Term on Reversal
Affidavit of No Other Opinion by Appellate

Term
Stipulation Waiving Certification of Record

to Appellate Division

57 59 61

63

64

Index to Record in Appellate Term.

2 4 5

7

13

Notice of Appeal to Appellate Term
Summons
Complaint

Exhibit A, Annexed to Complaint ...

Exhibit B, Annexed to Complaint
Answer
Notice of Trial—Plaintiff
Decision, Hayes, J.
Order Increasing Amount of Judgment
Judgment
Testimony

Motion to Dismiss

Renewal of Motion to Dismiss
Affidavit of No Opinion
Stipulation Waiving Certification
Stipulation Waiving Notice of Settlement

17 19 20 21 22 24

40 46

1-Contract in letter form, dated April 14,

1937 between Hotel Taft Corporation
and Wired Radio Incorporated, marked
in evidence at folio 77, identical with
Exhibit A, annexed to complaint, printed

herein at page 7.
2—Amendment to contract, dated May 14,

1940, marked in evidence at folio 81,
identical with Exhibit B, annexed to

complaint, printed herein at page 13.
3—Letter dated July 11, 1952, marked in

evidence at folio 85 4-Letter dated October 2, 1952, marked in

evidence at folio 86

47

49

DEFENDANT'S EXHIBITS:

1-Bill of Sale, marked in evidence at folio

119, identical with Bill of Sale forming
a part of Exhibit B, annexed to com-

plaint, printed herein at page 15.
2—Letter dated June 27, 1952, marked in
evidence at folio 120 ...

51

3

The plaintiff appeals from an Order of the Appellate Term, First Department, dated February 18, 1954 reversing the judgment entered in the office of the Clerk of the Municipal Court of the City of New York, Ninth District, entered on the 28th day of May, 1953 in favor of the plaintiff.

This action was commenced by service of a summons and complaint on the 28th day of October, 1952 on the defendant herein.

The answer was served on or about the 24th day of November, 1952.

The names of the original parties in full are hereinabove set forth.

Davis & Gilbert, Esqs., 1 East 44th Street, New York, New York, are the attorneys for the plaintiff herein.

Arthur Richenthal, Esq., 60 Wall Street, New York, New York, is the attorney for the defendant herein.

There has been no change of parties or attorneys in this proceeding.