Goldan v. Delaware & Eastern Railway Co. (144 A.D. 81, 1911)

Miller, J.:

The interlocutory judgment should be reversed, with costs,' and the demurrer sustained, with costs, with leave to the plaintiff to sérve an amended complaint upon payment of costs, on the authority of Goldan v. Delaware & Eastern Railway Co., No. 1 (114 App. Div. 78), decided herewith. • ‘

Ingraham, P. J., LauGhlin, Clarke and Scott, JJ., concurred.

Judgment reversed, with costs, and demurrer sustained, with costs, -with leave to plaintiff to amend on payment of costs.