167 A.D. 32
Appellate Division of the Supreme Court of the State of New York
Decided March 26, 1915
Appellate Division of the Supreme Court of the State of New York · decided 1915-03-26
Appeal by the defendants, Carnegie Trust Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 12th day of March, 1911, upon the decision of the court after a trial at the New York Special Term. The judgment decreed that the instrument sued upon be reformed, and that plaintiff have judgment upon it as so reformed.
Decided 1915-03-26
¶1For the reasons stated at length in Madison Trust Co. v. Carnegie Trust Co. (167 App. Div. 4, 23), decided herewith, I am of opinion that the judgment appealed from should be reversed and the complaint dismissed, with costs to appellants in all courts.
¶2Ingraham, P. J., concurred.
¶3Judgment modified as directed in opinion, and as modified affirmed, without costs. Order to be settled on notice.