Dale v. City of New York

Per Curiam:

For the reasons assigned in the opinion in the case of Daley, City of New York, (ante, p. 227), the interlocutory judgment should be affirmed, with costs, and with leave to defendant to withdraw demurrer and answer upon payment of the costs of the appeal and of the demurrer. Present—Van Brunt, P. J., O’Brien, MeLaughlin, Hatch and Laughlin, JJ. Van Brunt, P. J., dissenting.