Majority
p. 779City Bank Farmers Trust Company, as Trustee under Four Deeds of Trust Made by William W. Astor and Others, and as Trustee under a Deed of Trust Made by Francis D. L. Astor, Appellant, v. Harriette Short et al., Respondents.
While we may not agree with the reasoning of Special Term, we think there was enough evidence presented to warrant a finding of waiver and therefore the judgment awarded was proper. Judgment affirmed, with costs. Present— Peck, P. J., Callahan, Breitel, Bastow and Botein, JJ.; Peck, P. J., dissents and votes to direct judgment for the plaintiff. [ 203 Misc. 979 .]
Cases cited
- City Bank Farmers Trust Co v. Short 203 Misc. 979 p. 779