Biener Contracting Corp. v. Elberon Restaurant Corp.

Hecht, J.

(dissenting). On the basis of the record, the court below was justified in awarding judgment against Wishnetzky. The testimony indicates that the parties intended that Wishnetzky become primarily liable for the balance due on the fixtures.

Accordingly, I dissent.

Hofstadter, J. P., and Tilzer, J., concur in Per Curiam opinion; Hecht, J., dissents in memorandum.

Judgment modified, etc.