Spear v. Graine ( 1937 )

Order reversed on the law and the facts, without costs, and motion granted to the extent of granting a new trial, pursuant to the provisions of section 549 of the Civil Practice Act. The court treats the application as one for a new trial only, and, under all the circumstances, is of opinion that a new trial should be granted. Lazansky, P. J., Hagarty, Carswell, Davis and Close, JJ., concur.