General
Corneliuett Smith, as Executrix of Harlan P. Smith, Deceased, Appellant, v. David Proskey, Respondent
177 N.Y. 526·New York Court of Appeals·1903·NY
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Opinion
Corneliuett Smith, as Executrix of Harlan P. Smith, Deceased, Appellant, v. David Proskey, Respondent.
Smith v. Proskey, 82 App. Div 19, reversed.
(Argued November 23, 1903;
decided December 8, 1903.)
Appeal from an. order of the Appellate Division of the Supreme Court in the first judicial department, entered April 14, 1903, which reversed a judgment of Special Term sustaining a demurrer to the answer and directed that the complaint be dismissed.
Henry B. Clossón for appellant.
Abram I. Flkus, James G. MeFaehen and Joseph M. Proskaxier for respondent.
[MAJORITY]
Order reversed, and judgment of Special Term affirmed, with costs in all courts, upon opinion of Patterson, J., below.
Concur: Parker, Oh. J., Gray, O’Brien and Martin, JJ., Dissenting: Haight, Yann and Werner, JJ