Mirabella v. Thiem ( 1953 )

Judgments reversed and a new trial granted, with costs to abide the event, upon the ground that the evidence presented questions of fact for the jury. No opinion.

Concur: Lewis, Ch. J., Conway, Dye and Froessel, JJ. Desmond and Fuld, JJ., dissent on the memorandum of the Appellate Division. Taking no part: Van Voorhis, J.