Keck v. Evans — 300 N.Y. 605

Majority

p. 605

C. Grant Keck, Doing Business as C. Grant Keck Organization, Appellant, v. William J. Evans, Respondent.

Argued November 23, 1949;

decided December 29, 1949.

p. 606

Milton I, Newman, Emil N. Baar and Lawrence J. Lieberman for appellant.

Patrick J. Mahoney and Thomas J. Foley for respondent.

Judgment of Appellate Division reversed and that of Trial Tern affirmed, with costs in this court and in the Appellate

p. 607

Division, upon the ground that the findings of the trial court are in accordance with the weight of the evidence. No opinion. [See 300 N. Y. 694 .]

Concur: Lewis, Desmond, Dye and Bbomley, JJ. Dissenting: Lottghban, Ch. J., Conway and Fuld, JJ.