Schwartz v. Smith — 207 N.Y. 714

Majority

p. 714

Harris Schwartz, Respondent, v. Gertrude L. Smith et al., Defendants, and Harry Phillips et al., Appellants.

Headnote

Schwartz v. Smith, 143 App. Div. 297 , affirmed.

(Argued January 17, 1913;

decided February 11, 1913.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 10,-1911, reversing so much of a judgment of Special Term as dismissed the complaint^ as to defendants, appellants, and granting a new trial in. an action to foreclose a mortgage.

Max L. Schallek, Reuben Greenbaum, Theodore Baumeister and Samson Lachman, for appellants.

Louis Manheim for respondent.

p. 715

Order affirmed and judgment absolute ordered against appellants on the stipulation, with costs in all courts, on. opinion of Scott, J., below.

Concur: Cullen, Ch. J., Werner, Willard Bartlett, Hiscock, Chase, Collin and Hogan, JJ.