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Newhouse v. Schundler & De Sola, Inc.

172 A.D. 888 Court N.Y. App. Div. Docket Appeal No. 1 English

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p. 888
Walter S. Newhouse, Appellant and Respondent, v. Schundler & De Sola, Inc., Respondent and Appellant.
(Appeal No. 1.)

Motion granted, so that the order may read as follows: Ordered that the order upon reargument, entered on the 19th day of June, 1915, be reversed, with ten dollars costs and disbursements, to the plaintiff, appellant; and the order entered June 19, 1915, on motion for judgment upon demurrers to the answer, be modified by striking out therefrom the word “ overruled ” in paragraph 3 of said order, and inserting in plane thereof the word “allowed.” Present—Jenks, P. J., Thomas, Carr, Mills and Rich, JJ.