I dissent on the ground that there was some proof of value, and hence as matter of law the defendant was not entitled to a dismissal of the complaint.
Judgment and order reversed, new trial ordered, costs to appellant to abide event.
I dissent on the ground that there was some proof of value, and hence as matter of law the defendant was not entitled to a dismissal of the complaint.
Judgment and order reversed, new trial ordered, costs to appellant to abide event.