Clark v. Schwarzwaelder

This case presents the same question as was presented in the case of Uptergrove v. Schwarzwaelder (decided herewith) 61 N. Y. Supp. 623; and, for the reasons stated in the opinion in that case, the judgment appealed from should he reversed, and a new trial ordered, with costs to the appellants to abide the event. VAN BRUNT, P. J., concurs. McLAUGH-LIN, J., concurs in result. PATTERSON and O’BRIEN, JJ., dissent.