Hammerstein v. Hennessy — 122 N.Y.S. 1130

Majority

p. 1130

HAMMERSTEIN v. HENNESSY.

(Supreme Court, Appellate Division, First Department.

March 24, 1910.)

Headnote

Appeal from Specia. Term, New York County. Action by Oscai Hammerstein against John A. Hennessy. Fron an interlocutory judgment sustaining a demurrer to the complaint plaintiff appeals.

Reversed.

Delmas, Towne & Spellman, for appellant.

Charles M. Beattie, for respondent.

The interlocutory judgment should be reversed, with costs, and the demuri rer overruled, with costs, with leave to defendant to withdraw demurrer and to answer the comi plaint on payment of said costs, on the authority of Hammerstein v. New York Press Co. (decided by this court January 28, 1910) 121 N. Y. Supp. 16 .