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Sommer v. Adler

56 N.Y.S. 1116 Court N.Y. City Ct. Decision date 1899-03-06 English

Delivered by SCHUCHMAN, J.

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p. 1116
SOMMER, Respondent, v. ADLER et al., Appellants.
(City Court of New York, General Term.
March 6, 1899.)

Headnote

Action by Rudolph Sommer against Alfred Adler and others. From a judgment for plaintiff, and an order denying a new trial, defendants appeal. Reversed. Hoadly, Lauterbach & Johnson, for appellants. Abraham A. Joseph, for respondent.

The material questions raised on this appeal were involved in the appeal of a similar action between the same parties in the supreme court. In that action (Sommer v. Adler, 36 App. Div. 107 , 55 N. Y. Supp. 483 ) the appellate division, First department, in January, 1899, reversed the judgment. The same disposition is to be made of this appeal. Judgment reversed, and a new trial ordered, with costs to the appellants to abide the event. FITZ-SIBIONS, J., concurs.

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