The court originally reserved its decision on the motion and then submitted the case to the jury. The jury, having failed to agree, did not return a verdict and was discharged. Thereafter the court made the order appealed from denying the board's motion to dismiss the complaint for failure of proof. Order affirmed, with $50 costs and disbursements. No opinion.
Beldock and Ughetta, JJ., dissent and vote to reverse the order and to grant the motion to dismiss the complaint...
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