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Bartholomay Brewery Co. v. O'Brien

155 N.Y.S. 1093 Court N.Y. App. Div. Decision date 1915-10-06 English

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p. 1093
BARTHOLOMAY BREWERY CO. v. O'BRIEN et al.
(Supreme Court, Appellate Division, Fourth Department.
October 6, 1915.)

Headnote

Action by the Bartholomay Brewery Company against Dennis O'Brien and another, in which Hugh J. O'Brien appeals.

Motion to be relieved from stipulation granted, upon condition that the respondent stipulate that the appellant may discontinue, without costs to either party, his action for malicious prosecution. Order denying motion to dismiss appeal and order of modification and aflirmance vacated, and appeal and motion to dismiss appeal restored to the calendar. See, also, 153 N. Y. Supp. 1105 .