Judgment affirmed, with costs; no opinion.
Concur: Cullen, Ch. J., Edward T. Bartlett, Haight and Hiscock, JJ. Dissenting: Chase, J. Absent: Gray and O’Brien, JJ;
Phoenix Bridge Co. v. Creem, 102 App. Div. 354, affirmed.
(Argued May 16, 1906;
decided June 5, 1906.)
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered •March 31, 1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover the expense of defending an action brought against the plaintiff, and the amount of a judgment paid in settlement thereof, which judgment was recovered for personal injuries occasioned by defendants’ negligence in the performace of certain work sub-contracted to the defendants by plaintiff.
Robert H. Wilson for appellants.
Henry Galbraith Ward and George M. Clarke for respondent.
Judgment affirmed, with costs; no opinion.
Concur: Cullen, Ch. J., Edward T. Bartlett, Haight and Hiscock, JJ. Dissenting: Chase, J. Absent: Gray and O’Brien, JJ;
185 N.Y. 580
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