Opinion
Argued April 7, 1931
Decided May 12, 1931
Appeal from the Supreme Court, Appellate Division, Second Department.
Jay Leo Rothschild for appellant.
Herman S. Bachrach, Clarence G. Bachrach and Samuel S. Bisgyer for respondent.
Judgment of the Appellate Division and that of the Special Term reversed and judgment ordered in favor of the defendant dismissing the complaint and for the relief demanded in its counterclaim, with costs in all courts, on the ground there is no evidence of mutual mistake ( Wilson v. Deen, 74 N.Y. 531); no opinion.
Concur: CARDOZO, Ch. J., POUND, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ. Dissenting: CRANE, J.