Schulte Real Estate Co. v. Pedemore, Inc. , 241 A.D. 732 ( 1934 )

Order affirmed, with twenty dollars costs and disbursements. No opinion. Present — Finch, P. J., Merrell, Martin and O’Malley, JJ.; Finch, P. J., dissents and votes to reverse and grant the motion on the ground that the time of the court should not needlessly be taken up where there can be no liability arising out of a lease under seal to which appellant is not a party. There is no estoppel and hence McQuaid v. Ratkowsky (183 App. Div. 428) does not apply.