Dornheim v. Vom Lehn

Order denying defendant’s motion to dismiss the complaint affirmed, with ten dollars costs and disbursements, with leave to defendant to serve an answer within ten days after entry of the order herein and payment of said costs. No opinion. Lazansky, P. J., Kapper, Hagarty and Davis, JJ., concur; Carswell, J., dissents, with the following memorandum: I incline to the view that the principle of Ireland v. United States Mortgage & T. Co. (72 App. Div. 95; affd., 175 N. Y. 491) is determinative of this case in favor of the defendant, especially as the two documents (the absolute assignment and…