Majority
p. 1145SNOWBER, Respondent, v. HEARN CONST. CO. et al., Appellants. (Supreme Court, Appellate Division, First Department. July 8, 1908.)
Headnote
Action by M. Francis Snow, ber against the Hearn Construction Company and another.J. D. Connolly, for appellants.
W. M. Seabury, for respondent.
As to defendant Hearn individually, judgment reversed, with costs, and complaint dismissed, with costs. As to the defendant corporation, judgment reversed, and new trial ordered, with costs to appellant to abide event, unless plaintiff stipulates to reduce judgment as entered to the sum of $294.51, in which event the judgment, as so modified, affirmed, without costs in this court or in the court below. No opinion. Settle order on notice.