Herzfeld v. Strauss

Van Brunt, P. J.

(dissenting):

I dissent. There is no reason why appeals of this character should be encouraged by this court. I think it extremely doubtful whether this cause can be tried in two hours. There will be a sharp controversy about the facts, and under these circumstances there is no evidence of an abuse of discretion in the denial of the motion in the court below.

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.