Majority
p. 1135PEOPLE ex rel. SANBORN MAP COMPANY, respondent, v. Peter CEDER, as president, and Edward C. Logan and Charles A. Pickhardt, as trustees, etc., and another, appellants. Assessment of 1913. PEOPLE ex rel. SANBORN MAP COMPANY, respondent, v. Peter CEDER, president, and Frederick W. Hurttig and Charles A. Pickhardt, as trustees, etc., and another, appellants. Assessment of 1914. (Supreme Court, Appellate Division, Second Department. November 19, 1915.)
Judgment reversed, and a new hearing ordered at the Westchester Special Term, with or without a referee as the court there may determine, costs to abide the event, upon the ground that the finding of fact that the assessment of $125,-000 constituted an overvaluation is against the greater weight of the evidence, and it is suggested that the court at Special Term, in its decision to be made, find exactly the real value of the property and the average ratio of assessment to real value upon the roll. Jenks, P. J., and Carr, Stapleton, Mills, and Putnam, JJ., concur.