Obermayer v. Geering — 146 A.D. 927

Majority

p. 927

Otto Obermayer, Appellant, v. Adolph Geering, Respondent.

Headnote

Appeal from an order entered in the New York county clerk’s office on the 28th day of July, 1911, denying the plaintiff’s motion for judgment on the pleadings and sustaining the defendant’s, demurrer to the complaint.

The order should be modified by striking out the last clause thereof, being all of the provisions allowing the plaintiff to amend his complaint in twenty days on the payment of ten dollars costs. As so modified the order is affirmed, without costs. Present —rIngraham, P. J., McLaughlin, Laughlin, Clarke and Miller, JJ, Order modified as directed in opinion and as modified affirmed, without costs. Order to be settled on notice.