| N.Y. App. Div. | Nov 15, 1927
Judgment reversed upon the facts and a new trial granted, with costs to appellant against the defendant Edward P. Silk to abide the event on the ground that the findings are contrary to and against the weight of the evidence. Findings of fact Nos. 3 and 4 are disapproved and reversed. We think a new trial should be had in view of the allegations of condonation. All concur. Present — Hubbs, P. J., Clark, Sears, Crouch and Sawyer, JJ.