McDermott Dairy Co. v. Brennan — 157 N.Y.S. 1134

Majority

p. 1134

McDERMOTT DAIRY COMPANY, respondent, v. Patrick F. BRENNAN et al., defendants; Jeannette Brennan, appellant.

(Supreme Court, Appellate Division, Second Department.

February 28, 1916.)

The parties hereto having stipulated in open court that a justice may be substituted in place of Burr, J., deceased, Mr. Justice Carr was so substituted. Order amending judgment of foreclosure and sale, in so far as it purports to describe an undivided one-half of the lands, is reversed, but otherwise affirmed, so far as it directs the sale of all interest of the defendants John Joseph Brennan, Michael Brennan,- and Jeannette Brennan, his wife, and all persons claiming under them, or either of them, with the provision excepting and reserving the lands released by the mortgagee in 1908. As thus modified, the order is affirmed without costs. Jenks, P. J., and Thomas, Carr, Rich, and Putnam, JJ., concur. Settle order before Mr. Justice Putnam.