Birkmire v. Campus Realty Corp. — 253 N.Y. 598

Majority

p. 598

Marie B. Birkmire, Appellant, v. Campus Realty Corporation et al., Respondents.

(Argued April 2, 1930;

decided May 6, 1930.)

p. 599

Douglas Mathewson and Joseph T. Brown for appellant.

Harding Johnson for respondents.

Judgment of the Appellate Division reversed and that of the Special Term affirmed, with costs in this court and in the Appellate Division, on the dissenting opinion of Proskauer, J., at the Appellate Division; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.