Mygatt v. Coe

This action was brought to recover damages for breach of defendant’s covenants of quiet enjoyment and of warranty. The case has been three times tried, twice appealed to this court, and twice to the court of appeals. 44 Hun, 31 ; 124 N. Y. 212 ; 142 id. 78. In view of the discussion which this case has already provoked, it would serve no useful purpose to ventilate anew either the law or the facts; it being sufficient to say that, apart from previous opinions expressed or the individual views of the members of this court, upon the facts as now found, we must regard the last opinion of the court of appeals as controlling in respondents’ favor. Judgment accordingly affirmed, with costs.