245 A.D. 824 | N.Y. App. Div. | 1935
Cross-appeals in an action for conversion and for treble damages for forcible eviction pursuant to section 535 of the Real Property Law. Judgment in so far as it is in favor of the plaintiff on the first cause of action and order in so far as it denies defendant’s motion to dismiss as to the first cause of action reversed on the law and the facts and a new trial granted as to the first cause of action, costs to abide the event. In so far as they set aside the verdict in favor of the plaintiff and dismiss the complaint as to the second cause of action, the judgment and order are affirmed, without costs. The judgment as to the third cause of action is severed, and the judgment and order, in so far as