O'Sullivan v. Knox — 178 N.Y. 565

Majority

p. 565

Anna O’Sullivan, Appellant, v. Charles B. Knox, Respondent.

Headnote

O’Sullivan v. Knox, 81 App. Div. 438 , affirmed.

(Argued March 2, 1904;

decided March 22, 1904.)

Appeal from, a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 17, 1903, affirming a judgment in favor of defendant entered upon a dismissal of the complaint upon the merits by the court at a Trial Term.

Theodore E. Hancock for appellant.

Fred. Onus Carroll for respondent.

Judgment modified by striking out the words “on the merits,” and as modified affirmed, without costs of this appeal to either party; no opinion..

Concur: O’Brien, Bartlett, Haight, Yann, Cullen and Werner, JJ. Absent: Parker, Ch. J.