Appellate Division of the Supreme Court of the State of New York July 2, 1964 (Tirschwell v. Dolan)

Hamm, J.

This is an appeal from a judgment of the Supreme Court in favor of the plaintiff entered upon the verdict directed by the court at a Trial Term. The respondent’s testate will be referred to as the plaintiff and the appellant will be mentioned as the defendant. The facts according to the plaintiff’s evidence are these.