¶1Order reversed, with twenty dollars costs and disbursements, and the petition dismissed, on the authority of Matter of Sheridan v. McElligott (278 N. Y. 59) and Matter of Nash v. Brooks (276 id. 75). Present — O’Malley, Untermyer, Dore, Cohn and Callahan, JJ.; O’Malley, J., dissents and votes for affirmance.
254 A.D. 863
Phillips v. McElligott
Appellate Division of the Supreme Court of the State of New York
Decided June 24, 1938
Appellate Division of the Supreme Court of the State of New York · decided 1938-06-24
Relies on Matter of Sheridan v. McElligott
Decided 1938-06-24