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Devine v. Kilcommons

122 N.Y.S. 263 Court N.Y. App. Term Decision date 1910-04-08 English

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p. 263
DEVINE v. KILCOMMONS.
(Supreme Court, Appellate Term.
April 8, 1910.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Third District.
Action by Thomas F. Devine against John Kilcommons. Judgment for defendant, and plaintiff appeals.
Motion for reargument granted, judgment reversed, and new trial ordered.
Argued before. SEABURY, LEHMAN, and BIJUR, JJ.
James .A. Delehanty, for appellant.
Kelley and Connelly, for respondent.

For the reasons given in the opinion in Devine v. Kilcommons (No. 138 of Appeals from the Municipal Court on the March Term Calendar) 122 N. Y. Supp. 260 , the motion for a reargument is granted, and the judgment is reversed, and a new trial ordered, with costs to the appellant to abide the event.