Majority
p. 1024CASSANO v. BROWN. (Supreme Court, Appellate Division, First Department. December 1, 1911.) Argued before INGRAHAM, P. J., and CLARKE, SCOTT, MILLER, and DOWLING, JJ.
Headnote
Exceptions from Trial Term, New York County. ¡Action by Donato Cassano against George L. Brown. Verdict for defendant, and plaintiff moves for a new trial on exceptions ordered to be heard in the first instance at the Appellate Division. Exceptions sustained, and new trial granted. j
Herbert C. Smyth, for plaintiff.
Charles Adkins Baker, for defendant.
For the reasons stated in Dippolito, as Administrator, v. Brown, 131 N. Y. Supp. 1021 , decided herewith, the and a new trial granted, with costs to plaintiff to at exceptions are sustained, ide the event.