Hund v. Behringer , 159 N.Y.S. 1119 ( 1916 )

—Judgment of Supreme Court and judgment of City Court reversed, with costs to appellant to abide event, and a new trial granted, to be had in the City Court on the 1st day of June, 1916, at 10 A. m. Held, that the weight of the evidence shows that the plaintiffs waived or estopped themselves from any claim of commissions. AR concurred, except Kruse, P. J., and De AngeRs, J., who dissented and voted for affirmance. (See Winans v. Jaques, 10 Daly, 487; Travis v. Bowron, 188 App. Div. 554.)