Order affirmed and judgment absolute ordered for plaintiff on the stipulation, with costs; no opinion.
Concur: Gray, Bartlett, Martin, Yann, Cullen and Werner, JJ. Absent: Parker, Ch. J.
Foxv. International Hotel Go., 41 App. Div. 140, affirmed.
(Argued October 16, 1901;
decided November 1, 1901.)
Appeal from an order of the Appellate Division of the Supreme Court .in the fourth judicial' department, entered June 10, 1899, reversing a judgment in favor of defendant entered upon a decision of the court at a Trial Term without a jury and granting a new trial.
Eugene Carry for appellant.
Spencer Clmton for respondent.
Order affirmed and judgment absolute ordered for plaintiff on the stipulation, with costs; no opinion.
Concur: Gray, Bartlett, Martin, Yann, Cullen and Werner, JJ. Absent: Parker, Ch. J.
168 N.Y. 658
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