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Steinhardt v. Bingham

80 N.Y.S. 1149 Court N.Y. App. Div. Decision date 1903-02-20 English

Decision Majority — McLAUGHLIN, J. · Dissent — VAN BRUNT, P. J.

Contents
p. 1149
STEINHARDT et al. v. BINGHAM et al.
(Supreme Court, Appellate Division, First Department.
February 20, 1903.)

Headnote

Action by Emanuel Steinhardt and another against David Bingham and another. Plaintiffs move for new trial on exceptions ordered to be heard in the first instance at the Appellate Division. New trial. A Blumenstiel, for plaintiffs. Jacob F. Miller, for defendants.

For the reasons stated in the opinion of Mr. Justice Hatch on the previous appeal in this case (Steinhardt v. Bingham, 53 App. Div. 286 , 65 N. Y. Supp. 838 ), the exceptions should be sustained, and a new trial ordered, with costs to the plaintiffs to abide the event.

HATCH and LAUGHLIN, JJ., concur.

I dissent for the same reasons upon which I based my dissent upon the former appeal, which grounds have been since sustained by the Court of Appeals in the case of Peabody v. Satterlee, 166 N. Y. 174 , 59 N. E. 818 , 52 L. R. A. 956 , where the precise question involved seems to have been disposed adversely to the position taken by this court upon the former appeal.

O’BRIEN, J., concurs.

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