Judgment affirmed, with costs; no opinion.
Concur: Parker, Ch. J., O’Brien, Bartlett, Haight, Vann, Cullen and Werner, JJ.
Niemoller v. Duncombe, 59 App. Div. 614, affirmed.
(Argued October 10, 1902;
decided October 28, 1902.)
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered' March 19, 1901, upon an order reversing a judgment in favor of defendant entered upon a dismissal of the complaint and directing judgment for plaintiff upon a verdict which had been set aside by the trial court.
Roger M. Sherman for appellant.
William L. Snyder for respondent.
Judgment affirmed, with costs; no opinion.
Concur: Parker, Ch. J., O’Brien, Bartlett, Haight, Vann, Cullen and Werner, JJ.
172 N.Y. 621
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