Majority
p. 1126HOUSEMAN, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant (Action No. 1). (Supreme Court, Appellate Division, Fourth Department. May 29, 1915.)
Headnote
Action by George A. Houseman against the New York Central & Hudson River Railroad Company.Order affirmed, without costs of this appeal to either party. Held that, while the moving affidavits apparently do not state facts upon which an order for an open commission should have been granted, yet, in view of the laches of the defendant and the correspondence between the attorneys for the respective parties, read upon the application herein, and the further fact that the commissions have been executed, the order should be affirmed. See, also, 154 N. Y. Supp. 1126.