Mayhew v. Boldman

120 N.Y.S. 1135 | N.Y. App. Div. | 1909

— Final order of the Municipal Court reversed and new trial ordered, costs to abide the event, upon the ground that the decision is against the weight of the evidence. Woodward, Jenks'and Rich, JJ., concurred; Burr, J., voted to reverse upon the ground that the petitioner failed to prove any agreement for the letting by him to the ten- ' ant either at the date- mentioned the petition or at any other time. Miller, J., voted to affirm.