Opinion
January 6, 1943.
Present — Crosby, P.J., Cunningham, Dowling, Harris and McCurn, JJ.
Judgment and order reversed on the law and a new trial granted, with costs to the appellant to abide the event, on the ground that the proof presented by the plaintiff was sufficient to warrant the court to compel the defendants to go forward with their proof so as to establish the validity of the transfers by deeds, if such validity could be shown. ( Allen v. LaVaud, 213 N.Y. 322; Matter of Smith, 95 N.Y. 516.) All concur, except Crosby, P.J., not voting. (The judgment dismisses the complaint in an action to set aside conveyance of realty. The order grants a motion of defendants for a nonsuit and cancels the lis pendens.)