Tack v. Fitzsimmons

133 N.Y.S. 1146 Court N.Y. App. Div. Decision date 1912-01-26 English

Contents

Majority

p. 1146

TACK v. FITZSIMMONS et al.

(Supreme Court, Appellate Division, First Department.

January 26, 1912.)

Headnote

Action by Theodore E. Tack against Thomas P. Fitzsimmons and oth-, ers.

D. McCurdy, for appellant.

C. Monteith Gilpin, for respondents.

Judgment affirmed, with costs, with leave to plaintiff to serve amended complaint, on payment of costs in this court and in the court below. Order filed.

INGRAHAM, P. J„ and DOWLÍNG, J., dissent.