¶1The court’s decision was inconsistent.
¶2The judgment should be unanimously reversed on the law and facts and a new trial granted, with $10 costs to the defendant to abide the event.
¶3Concur — Pette, Hart and Brown, JJ.
¶4Judgment reversed, etc.
13 Misc. 2d 350
De Donato v. Brill
Appellate Terms of the Supreme Court of New York
Decided May 20, 1958
Appellate Terms of the Supreme Court of New York · decided 1958-05-20
Decided 1958-05-20