Gutman v. Besharov

Judgment reversed, without costs to either party as against the other upon this appeal. Order modified by denying motion to dismiss the complaint "with respect to the second cause of action therein contained, and granting said motion in other respects, without costs, and as so modified affirmed, without costs. (Benton v. Pratt, 2 Wend. 385; Rice v. Manley, 66 N. Y. 82; N. Y. Land Improvement Co. v. Chapman, 118 id. 288.) Present — Dowling, P. J., Finch, McAvoy, Martin and O’Malley, JJ.