Adikes v. Long Island Railroad

168 A.D. 967

Opinion

The parties hereto having stipulated in open court that this case may be disposed of by a court of four, the decision is as follows: Order reversed, with ten dollars costs and disbursements, on authority of Merrihew v. Kingsbury (150 App. Div. 40), and motion granted upon payment of costs to date of motion, and upon the further condition that plaintiffs consent to try the cause at the June term if defendant so elects. Jenks, P. J., Thomas, Stapleton and Rich, JJ., concurred.