Senior v. Star Co. — 147 N.Y.S. 1140

Majority

p. 1140

SENIOR, Appellant, v. STAR CO., Respondent.

(No. 5866.)

(Supreme Court, Appellate Division, First Department.

May 29, 1914.)

Headnote

Appeal from Special Term, New York County. Action by Theresa Senior, an infant, etc., against the Star Company. From an order 'denying motion for judgments on the pleadings, plaintiff appeals. Order reversed, and motion granted, with leave to defendant to withdraw its demurrer and answer upon payment of costs. Sumner B. Stiles, of New York City, for appellant. Clarence J. Shearn, of New York City, for respondent.

The same question is presented on this appeal as was presented in the case of the same plaintiff against Sun Printing & Publishing Co. (Sup.) 147 N. Y. Supp. 252 , decided May 1, 19Í4; and upon the opinion in that case the order appealed from is reversed, with $10 costs and disbursements, and the motion granted, with $10 costs, with leave to the defendant to withdraw the demurrer and to answer upon payment of costs in this court and in the court below.