¶1Judgment and order denying motion for new trial reversed and new trial_ ordered, with costs to the appellant to abide, event. Order permitting service of amended reply affirmed. Held, that there was no sufficient evidence of mutual mistake. (See opinion of Nash, J., on former appeal, 109 App. Div. 351.) Also, that there was no sufficient evidence of waiver or abandonment. All concurred.
115 A.D. 883
Hackett v. View
Appellate Division of the Supreme Court of the State of New York
Decided September 15, 1906
Appellate Division of the Supreme Court of the State of New York · decided 1906-09-15
Decided 1906-09-15