Majority
p. 121Louis Hochstein and Abraham Feldman, Respondents, v. Vanderveer Crossings, Incorporated, Appellant. (Action No. 2.) First Department, April 12, 1912.
Headnote
See head note in Hochstein v. Vandeneer Crossings, Inc., Ho. 1 (ante, p. 118).Appeal by the defendant, Vanderveer Crossings, Incorporated, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of
p. 122
New York on the 22d day of November, 1911, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 21th day of November, 1911, denying the defendant’s motion for a new trial made upon the minutes.
Charles C. Clark, for the appellant.
Abraham A. Silberberg, for the respondent Hochstein.
Julius G. Kremer, for the respondent Feldman.
The question presented on this appeal is similar to the one presented in action No. 1 between the same parties ( 150 App. Div. 118 ), decided herewith, and for the reasons given in the opinion in that case the judgment and order here appealed from are reversed and a new trial ordered, with costs to appellant to abide event.
Ingraham, P. J., Clarke, Scott and Dowling, JJ., concurred.
Judgment reversed, new trial ordered, costs to appellant to abide event.