Nicoud v. New York Life Insurance (134 A.D. 937, 1909)

Judgment reversed and new trial granted, costs to abide the event, because the findings of fact are inconsistent and irreconcilable. (See Israel v. Manhattan Railway Co., 158 N. Y. 624; Nickell v. Tracy, 184 id. 386; City of Buffalo v. Del., Lack. & W. R. R. Co,, 190 id. 84.) In this case the trial court has found all the controlling facts both ways. Hirschberg, P. J., Jenks, Gaynor, Burr and Rich, JJ., concurred.