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Austin v. St. Marks Restaurant Co.

138 N.Y.S. 1106 Court N.Y. App. Term Decision date 1912-12-04 English

Contents

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p. 1106
AUSTIN v. ST. MARKS RESTAURANT CO.
(Supreme Court, Appellate Term, First Department.
December 4, 1912.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by Edmund O. Austin against the St. Marks Restaurant Company. From a judgment in favor of the defendant, plaintiff appeals. Affirmed.
Harvey T. Andrews, of New York City, for appellant.
Marcus Schnitzer, of New York City, for respondent.

While the question of fact involved in this case may be a narrow one, it cannot be said that the judgment of the court below was not sustained by the evidence. The judgment must therefore be affirmed, with costs.