Van Wicklen v. Van Wicklen — 210 N.Y. 641

Majority

p. 641

David S. Van Wicklen, Respondent, v. Elizabeth Van Wicklen, Appellant.

Headnote

Van Wiciclen v. Van Wide ere, 152 App. Div. 912 , modified.

(Submitted March 16, 1914;

decided March 31, 1914.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered September 20, 1912, affirming a judgment in favor of plaintiff entered upon a verdict in an action by plaintiff to recover his share of the rentals derived from certain premises of which he and the defendant ’were owners as tenants in common.

James A. Sheehan for appellant.

Rufus O. Catlin and William Wills for respondent.

p. 642

Judgment modified, without costs in this court, so as to strike out the provision for interest therein, and as modified affirmed; no opinion.

Concur: Willard Bartlett, Ch. J., Hiscock, Chase, Cuddeback, Miller and Cardozo, JJ.