McGratty v. Haberman — 197 N.Y. 511

Majority

p. 511

Patrick H. McGratty et al., Appellants, v. Frederick Haberman, Respondent.

Headnote

McGratty v. Haberman, 137 App. Div. 199 , affirmed.

(Argued November 19, 1909;

decided December 7, 1909.)

Appeal from a judgment entered June 15, 1908, upon an order of the Appellate Division of the Supreme Court in the second judicial department, overruling plaintiff’s exceptions

p. 512

ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for defendant on a nonsuit at the Trial Term in an action to recover a balance alleged to be due for labor performed and materials furnished.

William F. Clare for appellants.

Abraham Benedict for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cüllen, Cb. J., Gray, Edward T. Bartlett, Haight, Werner, Willard Bartlett and Chase, JJ.