City Bank Farmers Trust Co. v. Short ( 1954 )

While we may not agree with the reasoning of Special Term, we think there was enough evidence presented to warrant a finding of waiver and therefore the judgment awarded was proper. Judgment affirmed, with costs. Present— Peck, P. J., Callahan, Breitel, Bastow and Botein, JJ.; Peck, P. J., dissents and votes to direct judgment for the plaintiff. [203 Misc. 979.]