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REARDON v. OLYMPIC THEATRE CORPORATION

Appellate Division of the Supreme Court of New York, Fourth Department.
Dec 1, 1930

Judgment and order reversed on the law and a new trial granted, with costs to the appellants to abide the event on the ground that prejudicial errors occurred: 1. In the refusal to charge the final request of defendant. ( New York Life Insurance Company v. Casey, 178 N.Y. 381.) (See Germania Life Insurance Company v. Casey, 98 App. Div. 88; affd., 184 N.Y. 554.) 2. In the refusal to leave to the jury the question of the sufficiency of the notice of dishonor. ( Latham v. Sheff, 193 App. Div. 576; Union Bank v. Deshel, 139 id. 217.) (See Cuming v. Roderick, 28 id. 253; affd., 167 N.Y. 571.) All concur.