Oglesby v. Massachusetts Accident Co. , 226 A.D. 758 ( 1929 )

—Judgment reversed upon the law and the facts and new trial granted, costs to appellant to abide the event. The question of waiver was not formulated for answer by the jury. In the interests of justice there should be a new trial so that the question of waiver may be appropriately submitted to a jury. Kapper, Hagarty, Carswell and Seudder, JJ., concur; Rich, J., dissents and votes to affirm.