Bird v. New York, Ontario & Western Railroad

Majority

p. 884

Hobart S. Bird, Appellant, v. New York, Ontario and Western Railroad Company, Respondent, Impleaded with Antonio Lacatena, Defendant.

Order denying motion for reargument affirmed, without costs; and order directing the trial of the action at Special' Term reversed, without costs, upon the ground that the complaint does not state a cause of action in equity, as both parties concede that the plaintiff has no enforcible hen, but the court expresses no opinion as to the sufficiency of the complaint in an action of law. Jenks, P. J., Hirsehberg, Thomas, Carr and Woodward, JJ., concurred.