Appellate Division of the Supreme Court of New York, 1948

Burnham v. Brush

Burnham v. Brush
Appellate Division of the Supreme Court of New York · Decided March 29, 1948
273 A.D. 891; 78 N.Y.S.2d 562; 1948 N.Y. App. Div. LEXIS 5159
Burnham v. Brush

Opinion of the Court

As we are unable to distinguish this case from Coane v. American Distilling Go. (270 App. Div. 1001) we feel constrained to reverse the order appealed from and grant the motion for judgment on the pleadings dismissing the amended complaint. Order unanimously reversed, with $20 costs and disbursements to the appellants, and the motion granted. Present — Peck, ‱P. J., Dore, Callahan and Van Voorhis, JJ. [184 Mise. 815.]

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