177 N.Y. 68 | NY | 1903
The Appellate Division reversed that part of the judgment, rendered by the Special Term, which related to the first cause of action alleged in the complaint, but affirmed as to the part relating to the second cause of action. This appeal was taken from so much of the order as reversed the judgment dismissing the complaint as to the first cause of action.
As the reversal by the Appellate Division was based upon the facts as well as the law, our first duty was to examine the record and see whether there was a material question of fact upon which a reversal as to the facts could be founded. (Otten v.Manhattan Railway Co.,
PARKER, Ch. J., GRAY, BARTLETT, HAIGHT, VANN, CULLEN and WERNER, JJ., concur.
Order affirmed, etc. *71