Levy v. Joline — 160 A.D. 871

Majority

p. 871

Walter Levy, Respondent, v. Adrian H. Joline and Another, as Receivers, etc., Appellants.

Headnote

Appealfroina judgment entered on averdiet and from an order denying a motion for a new trial.

The judgment and order should be reversed, with costs to the appellants, and the complaint dismissed, with costs, upon the ground that a lack of probable cause'was not proved by the plaintiff; on the contrary, the evidence established the fact that the defendants had

p. 872

probable cause for the charge made. Present— Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ. Judgment and order reversed, with costs, complaint dismissed, with costs. Order to be settled on notice.