Smith v. Halstead

Order affirmed, with ten dollars costs and disbursements. All concur, except Taylor and McCurn, JJ., who dissent and vote for reversal and for denial of the motion. (The order of Niagara County Court grants plaintiff’s motion to strike out from defendant’s notice of appeal from a judgment of Niagara Falls City Court a demand for a new trial.) Present — Crosby, P. J., Taylor, Dowling, Harris and McCurn, JJ.