Majority
p. 706Anthony Licardo, an Infant, by Eugene Licardo, His Guardian ad Litem, Respondent, v. Joseph Licardo, Appellant.
Order reversed on the law and facts, with costs, and verdict reinstated, and judgment directed thereon, with costs, on the ground that the verdict is justified and sustained by the evidence. (Leversee v. Neidermyer, 219 App. Div. 214 ; Hogan v. Franken, 221 id. 164.) Davis, Whitmyer and Hill, JJ., concur; Van Kirk, P. J., and Hasbrouck, J., dissent on the ground that there was no abuse of discretion by the trial justice.