General
John T. Clark Realty Co., Inc., John T. Clark, Jr., and Florence H. Clark, Appellants, v. Arthur D. Harris and Others (Action No. 1); Archibald Craig, as Administrator, etc., and Others (Action No. 2); Ada Anderson and Others (Action No. 3); Nicola Bartolini and Others (Action No. 4); Robert G, Ward, as Administrator, etc., of Eugenie C. Ward, Deceased, and Others, Substituted in Place of Eugenie C. Ward, Deceased, and Others (Action No. 5); David H. Bailey and Others, as Executors, etc., of Fanny Zeh, etc., Deceased, and Others (Action No. 6); Mary Siegal and Others (Action No. 7); Margaret Bartolini and Others (Action No. 8); Frank Helsing and Others (Action No'. 9); Hannah Read and Others (Action No. 10); Helen Bartolini and Others (Action No. 11); Jane Cunningham (Action No. 12); Anthony Starace and Others (Action No. 13); Theresa Cantwell and Others (Action No. 14), Respondents
253 A.D. 908·New York Supreme Court, Appellate Division·1938·NY
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Opinion
John T. Clark Realty Co., Inc., John T. Clark, Jr., and Florence H. Clark, Appellants, v. Arthur D. Harris and Others (Action No. 1); Archibald Craig, as Administrator, etc., and Others (Action No. 2); Ada Anderson and Others (Action No. 3); Nicola Bartolini and Others (Action No. 4); Robert G, Ward, as Administrator, etc., of Eugenie C. Ward, Deceased, and Others, Substituted in Place of Eugenie C. Ward, Deceased, and Others (Action No. 5); David H. Bailey and Others, as Executors, etc., of Fanny Zeh, etc., Deceased, and Others (Action No. 6); Mary Siegal and Others (Action No. 7); Margaret Bartolini and Others (Action No. 8); Frank Helsing and Others (Action No'. 9); Hannah Read and Others (Action No. 10); Helen Bartolini and Others (Action No. 11); Jane Cunningham (Action No. 12); Anthony Starace and Others (Action No. 13); Theresa Cantwell and Others (Action No. 14), Respondents.
[MAJORITY]
On the court’s own motion, the decision of this court handed down on February 11, 1938 [ante, p. 325], is hereby amended to read as follows: Judgment for defendant in each case unanimously affirmed, with costs to respondents jointly, except respondent Cantwell, as to whom the judgment is unanimously affirmed, with costs. Opinion by Hagarty, J. Present — Hagarty, Carswell, Johnston, Adel and Taylor, JJ.