Woollcott v. Shubert — 155 N.Y.S. 1150

Majority

p. 1150

WOOLLCOTT, Appellant, v. SHUBERT et al., Respondents.

(Supreme Court, Appellate Division, First Department.

November 26, 1915.)

Headnote

Appeal from Special Term, New York County. Action by Alexander Woollcott against Lee Shubert and others. From an order granting defendants’ motion for judgment on the pleadings, plaintiff appeals. Affirmed. See, also, 155 N. Y. Supp. 515 , 1150. Leventritt, Cook & Nathan, of New York City, for appellant. Charles H. Tuttle, of New York City, for respondents.

The order appealed from is affirmed, with $10 costs and disbursements, on the opinion of Scott, J., rendered July 9, 1915 (154 N. Y. Supp." 643); on the decision of an appeal in this case, reversing an order granting an injunction. The order to be entered hereon may contain a provision allowing an appeal to the Court of Appeals; the question to be certified to be: “Does the complaint state facts sufficient to constitute a cause of action?” Settle order on notice.

DOWLING, J., dissents, oh his dissenting opinion in the above-mentioned case.