Majority
p. 1138MOSHEIM v. CÆSAR MISCH INCORPORATION. (Supreme Court, Appellate Division, First Department. May 1, 1908.)
Headnote
Action by Julius E. Mosheim against the Ciesar Miscli Incorporation. From an order denying a motion for injunction, plaintiff appeals. Affirmed. See 107 N. Y. Supp. 1092 .Franklin Bien, for appellant.
Sol. De Young, for respondent.
The order appealed from should be affirmed, with $10 costs and disbursements, without prejudice to an application by the appellant to amend his answer in the action in which he is defendant, by setting-up a demand for the reformation of the contract by way of counterclaim.