
    Edna Hernly, Bespondent, v. Joseph Vogel, Also Known as Joseph Spielvogel, Appellant.
    Supreme Court, Appellate Term, Second Department,
    May 26, 1959.
    
      Allinson & Qersof (David J. Weinblatt of counsel), for appellant.
    
      Sidney L. Masone for respondent.
   Per Curiam.

The judgment should be unanimously reversed on the law and facts, with $30 costs to the defendant and complaint dismissed, with appropriate costs in the court below.

The record discloses that the plaintiff knew or should have known that, in selling and delivering the seafood, she was dealing not with the defendant individually but with the restaurant corporation of which he was president.

Concur — Pette, Hart and Brown, JJ.

Judgment reversed, etc.  