Labowitz v. Solomon — 53 N.Y. St. Rep. 528

Majority

p. 528

Rudolph Labowitz, Resp’t, v. Joseph Solomon et al., App’lts.

(City Court of New York, General Term,

Filed June 19, 1893.)

Headnote

Appeal from a judgment entered upon the verdict of a jury in favor of the plaintiff, on the 10th day of January, 1893, and from an order denying defendants’ motion for a new trial.

Jacob Manheim, for resp’t; Sampter & Fleishman, for app’lts.

The cause of action, pleadings and evidence herein, are almost identical with those in Labowitz v. Frankfort and Spero, and the same questions of fact and law arose upon the trial herein.

For the reasons stated in the opinion this day filed in Labowitz v. Frankfort and Spero, the judgment and order appealed from must be affirmed, with costs to the respondent.

Fitzsimons, J., concurs.