General
Margaret A. McCauley, as Administratrix, etc., Appellant, v. William Bradley & Son, Respondent
171 A.D. 934·New York Supreme Court, Appellate Division·1915·NY
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Opinion
Margaret A. McCauley, as Administratrix, etc., Appellant, v. William Bradley & Son, Respondent.
Appeal from a judgment, dismissing the complaint at Trial Term on the opening of counsel.
[MAJORITY — Per Curiam:]
Per Curiam:
We think that the complaint clearly states a cause of action, and that the facts stated in the - opening do not so qualify the allegations of the complaint as to justify a dismissal of the complaint upon the opening. The judgment appealed from must be reversed and a new trial ordered, with costs to the appellant to abide the event. Present — Ingraham, P. J., McLaughlin, Clarke, Scott and Smith, JJ.; McLaughlin, J., dissented. Judgment reversed and new trial ordered, costs to appellant to abide event.