Order reversed, on the law, with $50 costs and disbursements, motion granted and case remitted to Special Term for an assessment of damages.
Under the circumstances of this case, it was erroneous for Special Term to have determined that there were triable issues of fact concerning the liability of defendant Herbil Holding Co. Such liability was established by a prior order of Special Term from which defendant Herbil Holding Co. never appealed. Accordingly, the only...
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