Majority
p. 952HOCHSTEIN et al. v. VANDERVEER CROSSINGS, Inc. (Supreme Court, Appellate Division, First Department. April 12, 1912.) Argued before INGRAHAM, P. J., and McLAUGIILIN, CLARKE, SCOTT- and DOWLING, JJ.
Headnote
Appeal from Trial Term, New York County.Action by Louis Hoehstein and another against the Yanderveer CrossingsIneorporated. From a judgment for plaintiffs entered on a verdict, and from an order denying a new trial, defendant appeals. Reversed, and new trial ordered.
p. 953
Charles C. Clark, of New York City, for appellant.
Abr. A. Silberberg, of New York City, for respondent Hochstein.
Julius G. Kremer, of New York City, for respondent Feldman.
The question presented on this appeal is similar to the-one presented in action No. 1 between the same parties ( 134 N. Y. Supp. 950 ) decided herewith, and, for the reasons given in the opinion in that case, the judgment and order here appealed from are reversed, and a new trial ordered,, with costs to appellant to abide event. All concur.