Landman v. Wender , 1 N.Y.S.2d 638 ( 1937 )

Judgment reversed and a new trial ordered, with costs to the appellants to abide the event, on the ground that issues of fact were presented which should have been submitted to the jury. Present —■ Martin, P. J., Glennon, Dore, Cohn and Callahan, JJ.; Dore, J., dissents and votes for affirmance.