Nicoud v. New York Life Insurance

Judgment reversed and new trial granted, costs to abide the event, [938] 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.