Russell v. Ernestnoeth Dairy Lunch Co.

139 N.Y.S. 1143 Court N.Y. App. Div. Decision date 1913-01-08 English

Decision Majority — PER CURIAM. · Dissent — McLENNAN, P. J.,

Contents

p. 1143

RUSSELL, Respondent, v. ERNESTNOETH DAIRY LUNCH CO., Appellant, et al.

(Supreme Court, Appellate Division, Fourth Department.

January 8, 1913.)

Headnote

Action by Robert Russell against the ErnestNoeth Dairy Lunch Company, impleaded with others.

Judgment and order affirmed, with costs.

dissents, upon the ground that the plaintiff, having settled with the owner of the building, cannot recover against the tenant, a joint tort-feasor.