Arcara v. Moresse — 231 A.D. 875

Majority

p. 875

Philip Arcara, Respondent, v. Mario Moresse, Appellant, and Salvatore Barone, Defendant.

Judgment reversed as to the defendant Moresse on the law and facts, and a new trial granted, with costs to the appellant to abide the event, upon the grounds stated in the per curiam memorandum handed down in the case of Arcara v. Moresse (ante, p. 873), decided herewith. All concur, except Taylor, J., who dissents and votes for affirmance upon the ground stated by him in the decision of the case of Arcara v. Moresse (supra). Present■—■ Sears, P. J., Crouch, Taylor, Edgeomb and Crosby, JJ.