114 A.D. 77
Appellate Division of the Supreme Court of the State of New York
Decided June 15, 1906
Appellate Division of the Supreme Court of the State of New York · decided 1906-06-15
Appeal by the defendants, Thomas B. Robertson and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff,entered in the office of the cleric of the county of New York on the 5th day of February, 1906, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the said defendants’ demurrer to the complaint.
Decided 1906-06-15
¶1The question in this case is the same as that presented in the case of McCrea v. McClenahan (114 App. Div. 70), decided herewith; and for the reasons there stated, the judgment appealed from must be reversed, with costs, and the demurrer sustained, with costs, with leave to the plaintiff to amend the complaint upon payment of costs in this court and in the court below.
¶2McLaughlin and Houghton, JJ., concurred; O’Brien, P. J., and Clarke, J., dissented.