Appellate Terms of the Supreme Court of New York May 17, 1910 (Ellenborger v. Slocum)

BIJUR, J;

The complaint in this action evidently fails to state a cause of action. Had plaintiff’s counsel, on the settlement of the order for judgment, below, followed the procedure indicated by Mr. Justice Greenbaum in Cappadonna v. Illinois Surety Co., 123 N. Y. Supp.