Opinion
May, 1929.
Present — Sears, P.J., Crouch, Taylor, Edgcomb and Crosby, JJ. [ 131 Misc. 278.]
Judgment reversed on the facts and a new trial granted at Special Term or before another referee, without costs of this appeal to either party, on the ground that finding of fact numbered first in the referee's supplemental report is against the weight of the evidence. All concur, except Edgcomb and Crosby, JJ., who dissent and vote for affirmance.