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Adikes v. Long Island Railroad

153 N.Y.S. 1104 Court N.Y. App. Div. Decision date 1915-05-28 English

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p. 1104
ADIKES et al., Appellants, v. LONG ISLAND R. CO., Respondent.
(Supreme Court, Appellate Division, Second Department.
May 28, 1915.)

Headnote

Action by John Adikes and Thomas Adikes against the Long Island Railroad Company.

The parties hereto having stipulated in open court that this case may he disposed of by a court of four, the decision is as follows: Order reversed, with $10 costs and disbursements, ' on authority of Merrihew v. Kingsbury, 150 App. Div. 40 , 134 N. Y. Supp. 452 , and motion granted, upon payment of costs to date of motion, and upon the further condition that plaintiffs consent to try the cause at the June term, if defendant so elects. See, also, 151 N. Y. Supp. 1101 .