Opinion
April 4, 1963
Appeal from the Niagara Special Term.
Present — Williams, P.J., Goldman, Halpern, McClusky and Henry, JJ. [ 31 Misc.2d 740.]
Judgment unanimously reversed on the law and facts and a new trial granted, without costs of this appeal to either party. Memorandum: The unsatisfactory and confused condition of this record makes a proper determination of the rights of the parties impossible and a new trial, therefore, must be had.