Straus v. Hoadley

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1897

Appellate Division of the Supreme Court of the State of New York · decided 1897-12-15

Appeal by the defendant, Joshua Piza, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Yew York on the 9th day of June, 1897, upon the decision of the court rendered after a trial at the Yew York Special Term overruling the said defendant’s demurrer to the complaint.

Decided 1897-12-15

O’Brien, J.

¶1(dissenting):

¶2I dissent for the reasons given in Isear v. McMahon (16 Misc. Rep. 95).

¶3Judgment reversed and judgment' ordered sustaining demurrer, with leave to the plaintiffs to amend upon payment of costs in this court and in the court below.