Majority
p. 849James M. Curley, Appellant, v. Harper & Brothers, Respondent.
Order, so far as appealed from, affirmed, with twenty dollars costs and disbursements.
p. 850
on the ground that under the unusual circumstances herein it cannot be said that the Special Term improperly exercised its discretion. Present — Martin, P. J., O’Malley, Untermyer, Dore and Cohn, JJ.; O’Malley and Dore, JJ., dissent and vote for reversal on the authority of Singer v. New York Times Co. ( 74 App. Div. 380 ); Kuster v. New York Times Co. (79 id. 39).
Cases cited
- Singer v. New York Times Co. 74 App. Div. 380 p. 850