Lowell Lamb & Co. v. Herskovits — 238 N.Y. 572

Majority

p. 572

Lowell Lamb & Company, Inc., Respondent, v. Albert Herskovits et al., Copartners under the Firm Name of Albert Herskovits & Son, Appellants.

Headnote

Appeal — reversal by Appellate Division and direction for entry of interlocutory judgment —■ appeal to Court of Appeals dismissed.

Lamb & Co., Inc., v. Herskovits & Son, 204 App. Div. 407 , appeal dismissed.

(Argued April 14, 1924;

decided May 13, 1924.)

Appeal from a judgment, entered March 23,1923, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of defendants entered upon a dismissal of the

p. 573

complaint by the court on trial at Special Term and directing entry of an interlocutory judgment in favor of plaintiff and appointing a referee to compute and report the amount of plaintiff’s damages.

Isidor E. Schlesinger, Robert E. Tinsley and Harry J. Moskowitz for appellants.

Louis Joffe and Joseph Joffe for respondent.

Appeal dismissed, with costs; no opinion.

Concur: His cock, Ch. ■ J., Cardozo, Pound, McLaughlin, Crane and Andrews, JJ. Not sitting: Lehman, J.