Walter v. Rafalsky — 186 N.Y. 543

Majority

p. 543

Gustave E. Walter, Respondent, v. Rosalie Rafalsky et al., Appellants, Impleaded with Another.

Headnote

Walter v. Rafalsky, 118 App. Div. 323 , affirmed.

(Argued October 3, 1906;

decided October 23, 1906.)

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 11, 1906, which reversed an interlocutory judgment of Special Term sustaining a demurrer to the complaint and overruled such demurrer in an action to recover upon a written contract.

The following question was certified: “ Does the complaint state a cause of action against the demurring defendants?”

Frank M. Avery and Edgar J. Phillips for appellants.

Walter Carroll Low for respondent.

Order affirmed, with costs, on opinion below. Question certified answered in the affirmative.

Concur: Cullen, Ch. J., Edward T. Bartlett, Haight, Werner, Willard Bartlett and Chase, JJ. Not voting: Vann, J.