Judges: Close, Taylor
Filed Date: 11/3/1941
Status: Precedential
Modified Date: 10/28/2024
Lazansky, P. J., Hagarty and Carswell, JJ., concur; Taylor,. J., in opinion, dissents and votes to reverse the judgment, to direct, judgment in favor of the plaintiff against the defendant for the. amount of plaintiff’s damages to be ascertained upon a new trial,, and for such new trial of the action for that limited purpose;; Close, J., in memorandum, concurs with Taylor, J.