Decree unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.
Memorandum:
In this action to recover for room, board and care rendered to the decedent, we find that it was error to direct a verdict in favor of the executor. Even though both sides moved for a directed verdict, this did not waive the right to trial by jury of the factual issues presented which should have been submitted to it. (CPLR...
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