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Judgment reversed upon the law and the facts, and a new.trial granted, with costs to appellant to abide the event. We are of opinion that the letter of April 29, 1921, constituted a valid exercise of the option, and was sufficient to put the defendant to her proof. Kelly, P. J., Manning, Kelby, Young and Kapper, JJ., concur.
Document Info
Citation Numbers: 206 A.D. 680
Filed Date: 4/15/1923
Precedential Status: Precedential
Modified Date: 1/12/2023