Gade v. Segelke — 95 N.Y.S. 1129

Majority

p. 1129

GADE et al., Respondents, v. SEGELKE, Appellant.

(Supreme Court, Appellate Division, Second Department.

September 29, 1905.)

Headnote

Action by Emilie Gade and Christian Gade, her husband, against Henry Segelke.

So far as this motion is concerned, it would seem that the plaintiffs only seek recovery for damages incident to a wrongful ejectment, save the item of interest on $100, as to which there can be no recovery under the complaint in any event. Order affirmed, without costs.

HIRSCHBERG, P. J., and MILLER, J„ dissent.