Majority
p. 854Charles Trout, Appellant, v. Lawrence J. Cleary, as Executor, etc., of J. J. Cleary, Deceased, Respondent.
Order affirmed, with ten dollars costs and disbursements, with leave to the plaintiff to plead over within twenty days upon payment of the costs of this appeal and at the Special Term, on the authority of Kirchner v. Muller ( 280 N. Y. 23 ). All concur. (The order dismisses the complaint in a silicosis action.) Present — Sears, P. J., Crosby, Cunningham, Taylor and Dowling, JJ.
Cases cited
- Kirchner v. Muller 280 N. Y. 23 p. 854