¶1Judgment and orders affirmed, with costs. No opinion. Present — Martin, P. J., O’Malley, Glennon, Untermyer and Dore, JJ.; Untermyer, J., dissents and votes to reverse the judgment and order granting plaintiff’s motion for summary judgment and to deny said motion, and to affirm the order denying defendant’s cross-motion for summary judgment, on the authority of American Surety Co. v. Palmer (240 N. Y. 63).
259 A.D. 867
Schoonmaker v. Fagan
Appellate Division of the Supreme Court of the State of New York
Decided May 10, 1940
Appellate Division of the Supreme Court of the State of New York · decided 1940-05-10
Relies on American Surety Co. v. Palmer
Decided 1940-05-10