| NY | Aug 20, 1948
Order affirmed, without costs; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY and DYE, JJ. DESMOND and FULD, JJ., dissent and vote to reinstate the order of Special Term in the following memorandum: "The court, all agree, may review the facts and determine where the weight *629 of evidence lies (Civ. Prac. Act, §§ 440, 602, 605). We differ with the majority in that we believe that the weight of evidence favors the determination made at Special Term. Taking no part: THACHER, J.