Majority
p. 1119William HUND, Jr., and one, respts., v. Louisa BEHRINGER, applt. (Supreme Court, Appellate Division, Fourth Department. May 17, 1916.)
Judgment of Supreme Court and judgment of City Court reversed, with costs to appellant to abide event, and a new trial granted, to be had in the City Court on the 1st day of June, 1916, at 10 a. m. Held, that the weight of the evidence shows that the plaintiffs waived or estopped themselves from any claim of commissions. All concur, except Kruse, P. J., and De Angelis, J., who dissent, and vote for affirmance. See Winans v. Jaques, 10 Daly, 487 ; Travis v. Bowron, 138 App. Div. 554 , 123 N. Y. Supp. 290 .