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Appellate Division of the Supreme Court of New York, 1917

Halbe v. Adams

Halbe v. Adams
Appellate Division of the Supreme Court of New York · Decided March 9, 1917
176 A.D. 597; 163 N.Y.S. 901

Counsel

George H. Taylor, Jr., for the appellant., John J. Adams, for the respondents.

Halbe v. Adams

Opinion of the Court

Page, J:

For the reasons given in Halbe v. Adams, No. 1 (176 App. Div. 588), decided herewith, the judgment will be reversed, with *598costs, the counterclaim dismissed on the merits, and the case remitted to the Trial Term for disposition of the remaining issues of fact.

Clarke, P. J., Scott and Batís, JJ., concurred; Smith, J., dissented.

Judgment reversed, with costs, and counterclaim dismissed on the merits and case remitted to Trial Term as stated in opinion. Order to be settled on notice.

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