L. D. Garrett Co. v. Clark — 184 N.Y. 557

Majority

p. 557

L. D. Garrett Company, Appellant, v. William A. Clark, Respondent.

Headnote

Garrett Co. v. Clark, 102 App. Div. 611 , affirmed.

(Argued February 15, 1906;

decided March 6, 1906.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 24, 1905, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial.

Edga/r J. Nathan and Michael II. Gardozo for appellant.

Alfred B. Gruikshamik for respondent. -

Order affirmed and judgment absolute ordered against the plaintiff on the stipulation, with costs in all the courts, on opinion below.

Concur: Gray, Edward T. Bartlett, Haight, Vann, Willard Bartlett and Chase, JJ. Absent: Cullen, Ch. J.