Baldwin's Bank of Penn Yan v. Farmers Reliance Mutual Insurance

Judgment reversed on the law and facts and a new trial granted, with costs to appellant to abide the event, on the ground that the finding that defendant by its conduct waived requirement of service of verified proof of loss within the terms of the insurance policy is contrary to and against the weight of the evidence. All concur, except Thompson, J., who dissents and votes for affirmance on the opinion of Cunningham, J., at Special Term. [See 151 Misc. 243.]