Platt v. Village of Oneonta — 183 N.Y. 516

Majority

p. 516

Catherine E. Platt, Respondent, v. The Village of Oneonta, Appellant.

(Argued October 20, 1905;

decided November 21, 1905.)

Headnote

Platt v. Village of Oneonta, 88 App. Div. 192 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the 'third judicial department, entered December 14, 1903, which reversed a judgment in favor of

p. 517

defendant entered upon a dismissal of the complaint by the court at a Trial Term and granted a new trial.

Douglas W. Miller for appellant.

Albert C. Tennant and J. Lee Tucker for respondent.

Order affirmed and judgment absolute ordered for plaintiff on the stipulation, with costs; no opinion.

Concur: Cullen, Oh. J., Gray, Bartlett, Haight, Vann and Werner, J J. Absent: O’Brien, J.