107 N.Y.S. 511 | N.Y. App. Div. | 1907
The defendant appeals from an interlocutory judgment overruling his demurrer to the complaint.
The judgment appealed from will, therefore, be reversed as to the first, second, third, fourth and fifth causes of action set forth in the complaint, and the demurrer sustained as to them, and the judgment will be affirmed as to the sixth, seventh, eighth, ninth and tenth causes of action, without costs in this court, with leave to defendant
Patterson, P. J., Ingraham and Lambert, JJ., concurred; Clarke, J., dissented as to the sixth to tenth causes of action.
Judgment reversed as to first, second, third, fourth and fifth caúses of action, and demurrer sustained as to them, and judgment affirmed as to sixth, seventh, eighth, ninth and tenth causes of action, without costs in this court, with leave to defendant to withdraw demurrer and to answer as to them' on payment of costs in the court below. Settle order on notice.