Bogodonow v. New York Lumber & Storage Co. ( 1904 )

Freedman, P. J. (concurring).

The judgment in favor of the plaintiff should be reversed and a new trial ordered, with costs to the appellant to abide the event for the reason that the evidence wholly fails to support the charge of scienter. See Bauer v. Lyons, 23 App. Div. 204.

Judgment reversed and new trial ordered, with costs to appellant to abide event.