Opinion
Argued August 20, 1948
Decided August 20, 1948
Appeal from the Supreme Court, Appellate Division, Third Department, BOOKSTEIN, J.
Milton H. Friedman, Morris Zuckman and Sidney Fox for appellants.
Daniel H. Prior for respondents.
Order affirmed, without costs; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY and DYE, JJ. DESMOND and FULD, JJ., dissent and vote to reinstate the order of Special Term in the following memorandum: "The court, all agree, may review the facts and determine where the weight of evidence lies (Civ. Prac. Act, §§ 440, 602, 605). We differ with the majority in that we believe that the weight of evidence favors the determination made at Special Term. Taking no part: THACHER, J.