DePace & Juster, Inc. v. Eleven Hundred Park Ave., Inc.

Majority

p. 875

DePace & Juster, Inc., Plaintiff, v. Eleven Hundred Park Ave., Inc., Appellant, Impleaded with Others, and W. M. Ritter Flooring Corporation, Respondent. Marcus Contracting Co., Inc., Plaintiff, v. Eleven Hundred Park Ave., Inc., and Others, Defendants. The Titusville Iron Works Company, Plaintiff, v. Eleven Hundred Park Ave., Inc., and Others, Defendants.

— Judgment affirmed, with costs. Present — Finch, P. J., Martin, O’Malley, Sherman and Townley, JJ.; Martin and Townley, JJ., dissent and vote for reversal and a new trial, on the ground that the judgment is against the overwhelming weight of the evidence. Settle order on notice.