Cassano v. Brown

Appellate Division of the Supreme Court of the State of New York

Decided December 1, 1911

Appellate Division of the Supreme Court of the State of New York · decided 1911-12-01

Motion by the plaintiff, Donato Cassano, for a new trial-Upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the dismissal of the complaint by direction of the court on a trial at the New York Trial Term in April, 1911.

Decided 1911-12-01

Pee Curiam:

¶1For the reasons stated in Dippolito v. Brown (148 App. Div. 116), decided herewith, the exceptions are sustained and a new trial granted with costs to plaintiff to abide the event.

¶2Present — Ingraham, P. J., Clarke, Scott, Miller and Dowling, JJ.

¶3Exceptions sustained and new trial granted, with costs to plaintiff to abide event. Order to be settled on notice.