City Masons Supply Co. v. Zinbar Realty Co. ( 1933 )

On reargument, judgment in so far as it concerns the second cause of action reversed on the law and the facts and a new trial granted, costs to appellant to abide the event. The court is of the opinion that the determination was against the weight of the evidence. Findings of fact and conclusions of law inconsistent with this decision are reversed. Lazansky, P. J., Hagarty, Carswell, Scudder and Davis, JJ., concur. Settle order on notice. [See 238 App. Div. 861; 239 id. 792.]