Morrell v. . Brooklyn Borough Gas Company

132 N.E. 911 | NY | 1921

For the reasons expressed in case No. 1 (same title, 231 N.Y. 398), the order appealed from must be reversed, the demurrer sustained, with leave to plaintiff to plead over within twenty days on payment of costs, and the questions certified answered in the negative.

HISCOCK, Ch. J., HOGAN, CARDOZO and ANDREWS, JJ., concur; POUND, J., absent; CHASE, J., deceased.

Ordered accordingly.