Roberts v. Roberts — 203 N.Y. 643

Majority

p. 643

George W. Roberts et al., Appellants, v. Alonzo L. Roberts et al., Respondents.

Headnote

Roberts v. Roberts, 134 App. Div. 816 , reversed.

(Submitted December 6, 1911;

decided December 22, 1911.)

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 17, 1909, reversing a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term without a jury, and granting a new trial in an action to recover rent alleged to be due under a lease.

John B. Rogers for appellants.

Thomas Burns for respondents.

Order of Appellate Division reversed and judgment of Trial Term affirmed, with costs in both courts, on dissenting opinion of McLennan, P. J., below.

Concur: Cullen, Oh. J., Gray, Haight, Vann, Werner, Willard Bartlett and Chase, JJ.