Cragin v. Zabriskie , 255 A.D. 833 ( 1938 )

Judgment, and the order so far as appealed from, reversed and a new trial ordered, with costs to the appellants to abide the event, on the ground that the findings of malice and want of probable cause are against the weight of the credible evidence. Present — Martin, P. J., O’Malley, Townley, Dore and Callahan, JJ.; O’Malley and Townley, JJ., dissent and vote for affirmance.