¶1Order granting plaintiff’s motion to dismiss separate defense reversed upon the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. (Goodell v. Hurlbut, 5 App. Div. 77; Landes v. Hart, 131 id. 6; *891Koster v. Pain, 41 id. 443.) The authorities cited in the opinion of the Special Term justice are not applicable. Lazansky, P. J., Young, Kapper, Hagarty and Carswell, JJ., concur.
225 A.D. 890
Reis v. Rienzo
Appellate Division of the Supreme Court of the State of New York
Decided February 15, 1929
Appellate Division of the Supreme Court of the State of New York · decided 1929-02-15
Decided 1929-02-15