
    Lincoln Service, Inc., Respondent, v. Marcial Rivera, Appellant.
    Supreme Court, Appellate Term, Second Department,
    October 25, 1946.
    
      
      Abraham Epstein for appellant.
    
      Benjamin H. Schor for respondent
   Memorandum

Per Curiam.

The agreement sued upon is unenforeible because it lacks mutuality of obligation. (Lincoln Service, Inc., v. Mack’s Grill, Inc., N. Y. L. J., June 15, 1946, p. 2389, col. 3.)

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

MacCrate, Smith and Fennelly, JJ., concur.

Judgment reversed, etc.  