Appellate Division of the Supreme Court of the State of New York November 6, 1908 (Becher v. National Cloak & Suit Co.)

Patterson, P. J.:

I am of the opinion that the exception to the dismissal of the complaint should be sustained. The cases considered as authority *424for the course taken by the trial justice (United Press v. N. Y. Press Co., 164 N. Y.406 ; Bluemner v. Garvin, 120 App. Div. 29) are plainly distinguishable from that at bar.