¶1The parties hereto having stipulated in open court that this case may be disposed of by a court of four, the decision is as follows: Judgment affirmed, with costs, on authority of De Peyster v. Murphy (66 N. Y. 622). We do not understand that this case has been expressly overruled or limited by Real Estate Corporation v. Harper (174 N. Y. 123). Jenks, P. J., Stapleton and Rich, JJ., concurred; Thomas, J., not voting.
170 A.D. 954
Doonan v. Killilea
Appellate Division of the Supreme Court of the State of New York
Decided October 15, 1915
Appellate Division of the Supreme Court of the State of New York · decided 1915-10-15
Relies on Real Estate Corporation v. . Harper · De Peyster v. . Murphy
Decided 1915-10-15