Judgment reversed upon the law and the facts and a new trial granted, costs to abide tin *699event. Findings of fact numbered 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 16, 17, 18 and 19 and all conclusions of law are reversed. In our opinion, the decision and judgment are against the weight of the evidence. Lazansky, P. J., Young, Hagarty and Scudder, JJ., concur; Tompkins, J., not voting.