Wieneke v. Singer (271 A.D.2d 808, 1946)

Judgment and order affirmed, with costs. (See Davis v. Davis, 123 Mise. 504, affd. 213 App. Div. 846.) All concur, except Taylor, P. J., who dissents and votes for reversal and for dismissal,of the complaint. (The judgment is for plaintiff in an action to recover balance due of sale price of realty. The order denies a motion for a new trial.) Present — Taylor, P. J., Dowling, Harris, McCurn and Love, JJ.