Sommer v. Adler

Full title: RUDOLPH SOMMER, Respondent, v . ALFRED ADLER et al., Appellants

Court: City Court of New York, General Term

Date published: Mar 1, 1899

26 Misc. 870 (N.Y. City Ct. 1899)

Opinion

March, 1899.

Hoadly, Lauterbach Johnson (Herbert R. Limberger and Alfred Lauterbach, of counsel), for appellants.

Abraham A. Joseph, for respondent.

SCHUCHMAN, J.

The material questions raised on this appeal were involved in the appeal of a similar action between the same parties in the Supreme Court.

In that action (Sommer v. Adler, 36 A.D. 107), the Appellate Division of the first department in January, 1899, reversed the judgment.

The same disposition is to be made of this appeal.

Judgment reversed and new trial ordered, with costs to the appellants to abide the event.

FITZSIMONS, Ch. J., concurs.

Judgment reversed and new trial ordered, with costs to appellants to abide event.