Majority
p. 889Melissa T. Gracey, Respondent, v. Jasper A. Campbell, Jr., and Others, as Copartners Doing Business under the Firm Name and Style of Campbell, Starring & Company, Appellants.
Judgment reversed on the law, with costs, and complaint dismissed, with costs, upon the ground that the evidence conclusively shows that the plaintiff acquiesced in the transaction as a matter of law. Lazansky, P. J., Kapper, Scudder and Tompkins, JJ., concur; Young, J., dissents, being of opinion that the question of acquiescence on the part of the plaintiff of the sale of the stock was a question of fact and, as such, was properly submitted to the jury by the trial court.