¶1Judgment reversed on the law and a new trial granted, with costs to appellant to abide the event, on the ground that it was error for the trial court to dismiss the complaint. (Ihl v. Forty-second Street, etc., R. R. Co., 47 N. Y. 317; Birkett v. Knickerbocker Ice Co., 110 id. 504; Keenan v. B. C. R. R. Co., 145 id. 348.) Lazansky, P. J., Hagarty, Carswell, Scudder and Tompkins, JJ., concur.
241 A.D. 630
Zindell v. Jacobs
Appellate Division of the Supreme Court of the State of New York
Decided January 15, 1934
Appellate Division of the Supreme Court of the State of New York · decided 1934-01-15
Relies on Ihl v. Forty-Second Street & Grand Street Ferry Railroad
Decided 1934-01-15