Lewine v. National City Bank of New York — 249 N.Y. 528

Majority

p. 528

Assir M. Lewine, Respondent and Appellant, v. National City Bank of New York, Appellant and Respondent, Impleaded with Another.

(Reargued October 4, 1928;

decided October 28, 1928.)

Carl A. Mead and John A. Carver for National City Bank, appellant and respondent.

Philip Adler and Irvine J. Shubert for respondent.

The evidence of custom offered on the trial was properly excluded.

The court, therefore, adheres to its prior decision. (Lewine v. National City Bank, 248 N. Y. 365 .)

The judgment should be affirmed, with costs.

Pound, Crane, Andrews, Kellogg and O’Brien, JJ., concur; Cardqzo, Ch. J., and Lehman, J., dissent.

Judgment affirmed.