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p. 763James P. Cavanagh, Respondent, v. O. M. L. Realty Corporation, Inc., and Others, Defendants, Impleaded with C. & S. Jacobs Plumbing Supply Corporation, Appellant. (Action No. 3.)
Judgment reversed upon the law and the facts, and a new trial granted, costs to appellant to abide the event. Finding of fact XXIII is without evidence to support it. There is no evidence to support finding of fact XXIV as to the assent of O. M. L. Realty Corporation, Inc. Such findings are reversed. A proper determination herein cannot be had without proof of the relationship of the goods to the realty. Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur.