Driscoll v. Healy — 210 N.Y. 558

Majority

p. 558

George F. Driscoll, Appellant, v. James A. Healy, as Substituted Trustee under the Will of Jane Megarr, Deceased, Respondent.

Headnote

Driscoll v. Healy, 147 App. Div. 522 , affirmed.

(Argued January 12, 1914;

decided January 27, 1914.)

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 8,1911, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial in an action to compel specific performance of an alleged contract for the sale of real property or recovery of the deposit paid and expenses.

Walter Jeffreys Carlin for appellant.

James E. Doherty for respondent.

Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Willard Bartlett, Ch. J., Werner, His-cock, Chase, Collin, Cuddeback and Miller, JJ.