Judgment affirmed, with costs and ten per cent damages, under section 3251 of the Code of Civil Procedure; ho opinion.
Concur: Parker, Oh. J., Gray, O’Brien, Haight, Landon, Cullen.and Werner, JJ.
Appleby v. Sewards, 49 App. Div. 632, affirmed.
(Argued October 24, 1901;
decided November 12, 1901.)
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 23, 1900, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
Arthur Fu/rber for appellants.
Paul R. Towne for respondent.
Judgment affirmed, with costs and ten per cent damages, under section 3251 of the Code of Civil Procedure; ho opinion.
Concur: Parker, Oh. J., Gray, O’Brien, Haight, Landon, Cullen.and Werner, JJ.
168 N.Y. 664
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