Upon remission from the Court of Appeals (298 N. Y. 721), judgment and order reversed on the facts and a new trial granted, with costs to the appellant to abide the event, on the ground that the verdict was against the weight of evidence. All concur, except McCurn, J., who dissents and votes for affirmance. Present — Taylor, P. J., McCurn, Love, Vaughan and Kimball, JJ. [See 273 App. Div. 1055; 275 App. Div. 741.]