O'Brien v. Fitzgerald ( 1894 )

Van Brunt, P. J.

—For the reasons stated in the opinion handed down in the case of O'Brien v. Kursheedt, 61 St. Rep. 470, the interlocutory judgment appealed from should be affirmed, with leave to the defendant to answer upon payment of the cost of the appeal and in the court below.

Follett and Parker, JJ., concur.