Judgment modified on the law by providing that the dismissal of the complaint be with costs to defendant Davis. As so modified, judgment unanimously affirmed, with one bill of costs to respondent-appellant and one bill of costs to defendants-respondents, payable by appellant-respondent. The findings of fact are affirmed.
As this action, while actually tried at Special Term without a jury, was triable before a jury, Davis, as a prevailing party, was entitled to costs...
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