¶1Order modified by striking out the direction that the complaint be dismissed, with costs, and by ordering a new trial, and as so modified affirmed. Judgment appealed from reversed and a new trial ordered, with costs to the appellant to abide the event. No opinion. Present — Clarke, P. J., Dowling, Finch, McAvoy and Martin, JJ.
215 A.D. 702
Marshall v. Wilmerding
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1925
Appellate Division of the Supreme Court of the State of New York · decided 1925-11-15
Decided 1925-11-15