Carolan v. Yoran — 186 N.Y. 575

Majority

p. 575

Patrick M. Carolan, Respondent, v. Lillie T. Yoran et al., Appellants.

Headnote

Carolan v. Yoran, 104 App. Div. 488 , affirmed.

(Argued October 24, 1906;

decided November 13, 1906.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 10,1905, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term without a jury and granting a new trial in an action to recover money deposited on a contract for the sale of real property on the ground of the unmarketability of.the title.

Henry Willis Smith for appellants.

William F. Glare for respondent.

Order affirmed and judgment absolute ordered against appellants on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Ch. J., Edward T. Bartlett, Werner,' Willard Bartlett, Hiscock and Chase, JJ. Absent: Gray, J.