Ferrari v. Racey — 197 N.Y. 536

Majority

p. 536

Prosper R. Ferrari, Appellant, v. Mary A. Racey, as Executrix of Robert H. Racey, Deceased, Respondent.

Headnote

Ferrari v. Baaey, 128 App. Div. 904 , affirmed.

(Argued December 7, 1909;

decided January 4, 1910.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered'Octo

p. 537

ber 28, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial in an action to 'recover upon an .alleged agreement by defendant’s testator- to pay a certain sum of money for legal services.

Charles E. Le Barbier for appellant.

George H. Francoeur and John J. Dwyer for respondent.

Judgment affirmed, with costs; no opinion.

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