Majority
p. 890The Ansonia, Respondent, v. Edna Valentine Hein, Now Known as Mrs. Norman Selby, Appellant.
Headnote
Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office on the 3d day of December, 1914, upon the verdict of a jury, and also from an order entered on the same day denying a motion for a new trial.The plaintiff has failed to sustain the burden of proof that the alterations in the lease sued on were made before signature by the plaintiff and delivery. The judgment and order appealed from must, therefore, be reversed and a new trial ordered, with costs to appellant to abide the event. Present—Ingraham, P. J., McLaughlin, Laughlin, Dowling and Hotchkiss, JJ.; Dowling, J., dissented. Judgment and order reversed and new trial ordered, with costs to appellant to abide event.