Appellate Division of the Supreme Court of New York, 1915

Cohen v. Illinois Surety Co.

Appellate Division of the Supreme Court of New York · Decided March 12, 1915 · Hotchkiss

166 A.D. 680; 152 N.Y.S. 763; 1915 N.Y. App. Div. LEXIS 7431

Counsel

Samuel Hoffman, for the appellant., L. Laflin Kellogg, for the respondent.

Opinion of the Court

Hotchkiss, J.:

The issues in this case are identical with those in Sciaballa v. Illinois Surety Co. (166 App. Div. 677), decided herewith, and the decision herein should follow the decision in that case.

Ingraham, P. J., and Laughlin, J., concurred; McLaughlin and Dowling, JJ., dissented.

Judgment reversed, with costs, and judgment ordered for plaintiff as directed in opinion. Order to be settled on notice.

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