Cohen v. Illinois Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ida Cohen, from a judgment of the . Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 20th day of October, 1914, upon a decision of the court dismissing her complaint upon the merits, the facts having been stipulated and the matter submitted.
1Opinion of the Court
Hotchkiss, J.:
The issues in this case are identical with those in Sciaballa v. Illinois Surety Co. (166 App. Div. 677), decided herewith, and the decision herein should follow the decision in that case.
Ingraham, P. J., and Laughlin, J., concurred; McLaughlin and Dowling, JJ., dissented.
Judgment reversed, with costs, and judgment ordered for plaintiff as directed in opinion. Order to be settled on notice.
2Cases cited1 opinion
- Sciaballa v. Illinois Surety Co.Appellate Division of the Supreme Court of the State of New York · 1915