O'Brien v. Fitzgerald — 61 N.Y. St. Rep. 472

Majority

p. 472

Miles M. O’Brien et al., Receivers, etc., Resp’ts, v. Lawrence J. Fitzgerald, Impleaded, etc., App’lts.

(Supreme Court, General Term, First Department,

Filed July, 1894.)

Headnote

Appeal from an interlocutory judgment overruling the demurrer of the defendant to the complaint.

Jos. Fettretch, for app’lts; Samuel Untermyer, for resp’ts.

—For the reasons stated in the opinion handed down in the case of O'Brien v. Kursheedt, 61 St. Rep. 470 , the interlocutory judgment appealed from should be affirmed, with leave to the defendant to answer upon payment of the cost of the appeal and in the court below.

Follett and Parker, JJ., concur.