Merkel v. Lazard — 195 N.Y. 560

Majority

p. 560

Lizzie Merkel, Respondent, v. Alexander Lazard et al., Appellants.

Headnote

Merkel v. Lazard, 124 App. Div. 934 , affirmed.

(Argued April 8, 1909;

decided May 4, 1909.)

Appeal from an. order of the Appellate Division of the Supreme Court in the first judicial department, entered March 24, 1908, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial in an action to recover for an alleged breach of contract.

Louis Marshall for appellants.

Budolph B. Babe for respondent.

p. 561

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

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