Cassano v. Brown

Full title: DONATO CASSANO, Plaintiff, v . GEORGE L. BROWN, Defendant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 1, 1911

148 App. Div. 120 (N.Y. App. Div. 1911)

131 N.Y.S. 1024

Opinion

December 1, 1911.

Herbert C. Smyth [ Samuel Mendelson with him on the brief], Weldon Byrnes, attorneys, for the plaintiff.

Charles Adkins Baker, for the defendant.

Present — INGRAHAM, P.J., CLARKE, SCOTT, MILLER and DOWLING, JJ.

PER CURIAM:

For the reasons stated in Dippolito v. Brown ( 148 App. Div. 116), decided herewith, the exceptions are sustained and a new trial granted with costs to plaintiff to abide the event.

PER CURIAM:

Exceptions sustained and new trial granted, with costs to plaintiff to abide event. Order to be settled on notice.