Majority
p. 1107GERSTEIN, Respondent, v. FISHER, Appellant. (Superior Court of New York City, General Term. October 24, 1895.)
Headnote
Action by Israel Gerstein against Robert W. Fisher. From an order denying a motion to serve a supplemental answer, defendant appeals. Affirmed.Oscar H. Bogart, for appellant. Louis Steckler, for respondent.
The order appealed from should be affirmed on the opinion filed by the learned judge below. 33 N. Y. Supp. 1120 . In view of the decisions in Collins v. Hydorn, 135 N. Y. 320 , 32 N. E. 69 , and Furlong v. Banta, 80 Hun, 248 , 29 N. Y. Supp. 985 , the case of Anderson v. Railroad Co., 9 Daly, 487 , cannot be followed, and the decision of Featherson v. Turnpike Co. (Sup.) 24 N. Y. Supp. 603 , has no application. Order affirmed, with $10 costs and disbursements.
Cases cited
- Collins v. Hydorn 135 N. Y. 320 p. 1107