McDonald v. Fredland Realty Corp. , 269 A.D. 969 ( 1945 )

Martin, P. J.

(dissenting). The verdict in favor of the plaintiffs is against the weight of the credible evidence. In this case the plaintiffs are attempting to swear away positive, direct evidence and to overcome the effect of a photograph showing the actual condition.

The judgment should be reversed and a new trial granted.

Dore, Cohn, Callahan and Wasservogel, JJ., concur in decision; Martin, P. J., dissents in opinion.

Judgment affirmed, with costs. No opinion. [See post, p. 983.]