Engel v. Cushman's Sons, Inc. — 237 N.Y. 596

Majority

p. 596

Henry A. Engel, Respondent, v. Cushman’s Sons, Inc., Appellant. Mary G. Engel, Respondent, v. Cushman’s Sons, Inc., Appellant.

Headnote

Appeal — order of Appellate Division reversing judgment and granting new trial — appeal withdrawn.

Reported below, 206 App. Div. 777 .

(Argued January 16, 1924;

decided February 26, 1924.)

Appeal in each of the above-entitled actions from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 24, 1923, revérsing a judgment in favor of plaintiff entered upon a verdict and granting a new trial.

p. 597

George F. Hickey and William. Butler for appellant.

George R. Brennan for respondents.

Withdrawal of appeal in each case permitted on payment of costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.