Dessar v. Hirsch — 147 N.Y.S. 1107

Majority

p. 1107

DESSAR, Respondent, v. HIRSCH et al., Appellants.

(No. 5881.)

(Supreme Court, Appellate Division, First Department.

May 29, 1914.)

Headnote

Appeal from Appellate Term, First Department. Action by Leo C. Dessar, as executor, against Charles S. Hirsch and others, as executors. An order of the City Court denying plaintiff's motion to set aside a verdict for defendant and for a new trial was reversed by the Appellate Term ( 145 N. Y. Supp. 51 ), and judgment ordered in favor of plaintiff, and defendants appeal.

Reversed, and order of City `Court affirmed.

See, also, 146 N. Y. Supp. 1089 .

`Sidney Bernheim, of New York City, for appellants.

Emanuel J. Myers, of New York City, for respondent.

We think there was a question of fact as to whether the person writing the letter was an agent of the decedent gad authorized to make a lease of the property for her, which was fairly submitted to the jury, and its verdict should not be disturbed. It follows that the determination of the Appellate Term, reversing the order denying a motion for a new trial and dismissing the complaint, should be reversed with costs in this court and in the Appellate `term, and the order of the City Court affirmed.