Rush v. Klein , 72 N.Y.S. 1126 ( 1901 )

Hascall, J.

The appellant, by the answer interposed, is in position to contest each item of the plaintiff’s claim, thus bringing this case within 137 N. Y. 616, and we, therefore, decide that the order appealed from was properly made.

Order affirmed, with costs and disbursements to respondent.

Conlan and O’Dwyer, JJ., concur.

Order affirmed, with costs to respondent.