Opinion
April 14, 1938.
Appeal from Supreme Court of New York County.
Theodore J. Miller of counsel [ Dunnington, Bartholow Miller, attorneys], for the appellant.
Colin McLennan, Assistant Attorney-General [ John F.X. McGohey, Assistant Attorney-General, with him on the brief; John J. Bennett, Jr., Attorney-General, attorney], for the respondent.
Present — MARTIN, P.J., O'MALLEY, TOWNLEY, GLENNON and UNTERMYER, JJ.
It is our opinion that the order entered in 1911 has accomplished its purpose, and that, in view of changed economic and business conditions and circumstances, the defendant is entitled to the relief requested. Accordingly, the order should be reversed and the motion granted.
Order unanimously reversed and the motion granted. Settle order on notice.