¶1 Judgment affirmed, with costs; first and third questions certified answered in the negative, and second question not answered; no opinion.
¶2 Concur: Cullen, Ch. J., O’Brien, Haight, Martin, Yann and Werner, JJ. Absent: Gray, J.
17 Bedell 565
71 N.E 1138
Decided October 18, 1904
New York Court of Appeals · decided 1904-10-18
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 3, 1903, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint. The following questions were certified: 1.
Decided 1904-10-18