Opinion
November 23, 1932.
Appeal from the Municipal Court, Borough of Manhattan, First District.
Emmet L. Holbrook, for the appellants.
Platt, Taylor Walker [ Roswell P.C. May of counsel], for the respondent Pennsylvania Railroad Company.
Madison G. Gonterman, for the respondent New York, New Haven and Hartford Railroad Company.
Save for the question of damages, no triable issue was presented below and it was error, therefore, to deny plaintiffs' motion for summary judgment.
Order reversed, with ten dollars costs to appellants, and motion granted. Plaintiffs' damages to be assessed by the court below.
All concur; present, LYDON, LEVY and CALLAHAN, JJ.