Cassano v. Brown — 148 A.D. 120

Majority

p. 120

Donato Cassano, Plaintiff, v. George L. Brown, Defendant.

First Department,

December 1, 1911.

Headnote

See head note in Dippolito v. Brown {ante, p. 116).

Motion by the plaintiff, Donato Cassano, for a new trial-Upon a case containing exceptions, ordered to be heard at the

p. 121

Appellate Division in the first instance upon the dismissal of the complaint by direction of the court on a trial at the New York Trial Term in April, 1911.

Herbert C. Smyth [Samuel Mendelson with him on the brief], Weldon & Byrnes, attorneys, for the plaintiff.

Charles Adkins Baker, for the defendant.

For the reasons stated in Dippolito v. Brown ( 148 App. Div. 116 ), decided herewith, the exceptions are sustained and a new trial granted with costs to plaintiff to abide the event.

Present — Ingraham, P. J., Clarke, Scott, Miller and Dowling, JJ.

Exceptions sustained and new trial granted, with costs to plaintiff to abide event. Order to be settled on notice.