Withers v. City of New York — 193 N.Y. 668

Majority

p. 668

Frederick C. Withers et al., Appellants, v. The City of New York, Respondent.

Headnote

Withers v. City of New York, 123 App. Div. 283 , affirmed.

(Argued November 19, 1908;

decided December 8, 1908.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 7, 1908, which reversed a judgment in favor-of plaintiffs entered upon a verdict directed by the court and an order denying a motion for a new trial and granted a new trial in an action to recover for an alleged breach of contract.

Frederick Hulse for appellants.

Francis K. Pendleton, Corporation Counsel (Theodore Connoly, Terence Farley and Charles A. O'Neil of counsel), for respondent.

p. 669

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

Concur: Cullen, Ch. J., Gray, Haight, Werner, Willard Bartlett, Hiscock and Chase, JJ.