Majority
p. 600Samuel V. Hoffman et al., as Trustees under the Will of Eugene A. Hoffman, Deceased, Respondents, v. Samuel V. Abel, Appellant, Impleaded with Others. (Submitted March 22, 1906; decided April 6, 1906.)
Headnote
Hoffman v. Abel, 103 App. Div. 597 , affirmed.Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 3, 1905, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term.
William L. Stone, Jr., for appellant.
Paúl B. Towns and William II. Harris for respondents.
Judgment affirmed, with costs, and $1,000 damages awarded by way of costs for the delay, under subdivision 5 of section 3251 of the Code of Civil Procedure; no opinion.
Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Yann, Willard Bartlett and Chase, JJ.