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Appellate Division of the Supreme Court of New York, 1911

Goldan v. Delaware & Eastern Railway Co.

Goldan v. Delaware & Eastern Railway Co.
Appellate Division of the Supreme Court of New York · Decided April 7, 1911 · Miller
144 A.D. 81; 128 N.Y.S. 939; 1911 N.Y. App. Div. LEXIS 1628

Counsel

Edward J. Welch, for the appellants., Julian B. Shope, for the respondent.

Goldan v. Delaware & Eastern Railway Co.

Opinion of the Court

Miller, J.:

The interlocutory judgment should be reversed, with costs,' and the demurrer sustained, with costs, with leave to the plaintiff to sérve an amended complaint upon payment of costs, on the authority of Goldan v. Delaware & Eastern Railway Co., No. 1 (114 App. Div. 78), decided herewith. • ‘

Ingraham, P. J., LauGhlin, Clarke and Scott, JJ., concurred.

Judgment reversed, with costs, and demurrer sustained, with costs, -with leave to plaintiff to amend on payment of costs.

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