Majority
p. 548Daniel A. Mason, Respondent, v. New York Produce Exchange, Appellant. (Submitted October 14, 1909; decided October 29, 1909.)
Headnote
Mason v. New Yoi'lc Produce Exchange, 137 App. Div. 383 , affirmed.Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 1Y, 1908, reversing a judgment in favor of defendant 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 of employment.
William II. Wadhams and Marshal G. Bacon for appellant.
Charles Creen Smith and John Willett for respondent.
Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.
Concur: Cullen, Oh. J., Edward T. Bartlett, Haight, Vann, Willard Bartlett, Hiscock and Chase, JJ.