Case remitted to Special Term for further proceedings consistent herewith and appeal held in abeyance in the interim. In our view what transpired in the course of the trial clearly indicates that the defendant waived any right he may have had to a severance of the financial issues between the parties. We do not disagree with Special Term's decision to credit plaintiff's testimony. However, we are unable to determine the evidentiary basis upon which it decided to credit or...
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