Flagler v. Devlin — 186 N.Y. 589

Majority

p. 589

Martha J. Flagler et al., Appellants, v. Elizabeth Devlin et al., Respondents.

Headnote

Flagler v. Berlin, 109 App. Div. 904 , affirmed.

(Argued November 14, 1906;

decided December 4, 1906.)

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 22, 1905, which reversed a judgment in favor of plaintiffs entered upon a verdict directed by the court and ap

p. 590

order denying a motion for a new trial and granted a new trial in an action to recover an undivided part of certain real property.

• David Millar for appellants.

A. K. Potter for respondents.

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

Concur: Cullen, Ch. J., Gray, Haight, Vann, Werner and Willard Bartlett, JJ. Not sitting: Hiscock, J.