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Hill v. Muller

105 N.Y.S. 1120 Court N.Y. App. Div. Decision date 1907-06-28 English

Contents

Majority

p. 1120
HILL et al. v. MULLER et al.
(Supreme Court, Appellate Division, First Department.
June 28, 1907.)

Headnote

Appeal from Appellate Term. Action by Hugh Hill and another against Charles Muller, impleaded, etc. From an order of the Appellate Term ( 103 N. Y. Supp. 94 ), dismissing defendant’s appeal from the City Court, he appeals. Reversed. A. 3?. Bachman, for appellant.

We think the order affected a substantial right, and that the Appellate Term should have disposed of the questions presented upon the appeal on the merits. It follows that the order appealed from must be reversed, with $10 costs and disbursements, and the case remitted to the Appellate Term for hearing and decision.