Hochstein v. Vanderveer Crossings, Inc. — 215 N.Y. 655

Majority

p. 655

Louis Hochstein et al., Appellants, v. Vanderveer Crossings, Incorporated, Respondent. Same, Appellants, v. Same, Respondent.

(Submitted May 4, 1915;

decided May 25, 1915.)

Headnote

Hochstein v. Vanderveer Crossings, Ine. (2 cases), 155 App. Div. 898 , affirmed.

Appeal in each of the above-entitled actions from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 7, 1913,

p. 656

affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover upon a written contract for the sale of certain lands, it being alleged that by a special indorsement thereon the defendant had agreed to fill in a certain creek which ran through said lands, which agreement the defendant had failed to perform.

Abraham A. Silberberg, Julius Q. Kremer and Abraham 8. Weltfisch for appellant.

Charles C. Clark for respondent.

Judgment in each case affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Werner, Chase, Hogan, Miller, Cardozo and Seabhry, JJ.