Drummond v. Kunstler — 143 N.Y.S. 1114

Majority

p. 1114

DRUMMOND v. KUNSTLER.

(Supreme Court, Appellate Division, First Department.

October 31, 1913.)

Headnote

Appeal from Special Term, New York County. Action by Michael J. Drummond, commissioner, etc., on complaint of Freda Friedman against Isidor Kuastler. From an order of fihiation, defendant appeals. Reversed and dismissed. Julius Offenbach, of New York City, for appellant. Terence Farley, of New York City, for respondent.

We think the finding of the court below was against the weight 61 evidence. The judgment is therefore reversed and the proceeding dismiss~d.

LAUGHLIN and DOWLING, JJ., dissent, and vote for affirmance.