Sullivan v. Eusner — 163 N.Y. 576

Majority

p. 576

David Sullivan et al., Respondents, v. John Eusner, Appellant, Impleaded with Others.

Headnote

Sullivan v. Eusner, 27 App. Div. 103 , affirmed.

(Argued May 14, 1900;

decided June 5, 1900.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 16, 1898, reversing a judgment in favor of defendant entered

p. 577

upon a dismissal of the complaint by the court at Special Term, and granting a new trial.

Louis Wendel, Jr., for appellant.

Robert MeO. Robinson for respondents.

Order affirmed and judgment absolute ordered for plaintiffs on the stipulation, with costs.

Concur : Parker, Ch. J., Gray, O’Brien, Haight, Martin, Landon and Werner, JJ.