Condon v. Aaron Buchsbaum Co.

We think a question of fact was presented by the evidence which should have been sent to the jury. The dismissal of the complaint was, therefore, error, and the judgment should be reversed and a new trial ordered, with costs to the appellant to abide the event. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Dowling, JJ.; Ingraham, P. J., dissented. Judgment reversed, new trial ordered, costs to appellant to abide event.