Appellate Division of the Supreme Court of New York, 1913

Barton v. Reynolds

Barton v. Reynolds
Appellate Division of the Supreme Court of New York · Decided October 8, 1913
143 N.Y.S. 1106; 158 A.D. 951; 1913 N.Y. App. Div. LEXIS 7496 (New York Supplement)
Barton v. Reynolds

Opinion of the Court

PER CURIAM.

Interlocutory judgment (81 Misc. Rep. 15, 142 N. Y. Supp. 895) modified, by striking out the words “upon the merits,’’ and, as so modified, affirmed, with costs, with leave to the plaintiff to amend within 20 days, upon payment of the costs of the demurrer and of this appeal.

FOOTE and MERRELL, JJ.,

dissent

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