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Ida Cohen, Suing on Behalf of Herself and Other Creditors of Rubin Auerbach and Henry Goldberg, Doing Business under the Firm Name and Style of Auerbach & Goldberg, Who May Be Similarly Situated and Who May Come in and Contribute to the Expenses of This Action v. Illinois Surety Company
Opinions in this case
- Majority — Hotchkiss
- Majority — Hotchkiss
Hotchkiss, J.:
The issues in this case are identical with those in Sciaballa v. Illinois Surety Co. (166 App. Div. 677), decided herewith, and the decision herein should follow the decision in that case.
Ingraham, P. J., and Laughlin, J., concurred; McLaughlin and Dowling, JJ., dissented.
Judgment reversed, with costs, and judgment ordered for plaintiff as directed in opinion. Order to be settled on notice.