Majority
p. 941Chester A. Patterson, Respondent, v. Duncan B. Harrison, Appellant.
Judgment and order of the City Court of New Rochelle reversed and new trial ordered, costs to abide the event, on the ground that the judgment is against the weight of evidence as to performance by plaintiff of the contract with defendant. Jenks, P. J., Burr, Thomas, Carr and Stapleton, JJ., concurred.