Judgment reversed and new trial granted, costs to abide the event, on opinion of Landon, J., below.
Concur : O’Brien, Bartlett, Haight, Martin, Vann and Cullen, JJ. Not sitting: Landon, J.
Willis v. McKinnon, 35 App. Div. 131, reversed.
(Argued November 30, 1900;
decided December 7, 1900.)
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 25, 1898, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term without a jury.
C. L. Andrus for appellant.
James R. Baumes for respondents.
Judgment reversed and new trial granted, costs to abide the event, on opinion of Landon, J., below.
Concur : O’Brien, Bartlett, Haight, Martin, Vann and Cullen, JJ. Not sitting: Landon, J.
165 N.Y. 612
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