William E. Woollard, Respondent, v. Schaffer Stores Company, Inc., Appellant, and Jay L. Woolman, Doing Business under the Name and Style of "Woolman Brothers," Defendant

William E. Woollard, Respondent, v. Schaffer Stores Company, Inc., Appellant, and Jay L. Woolman, Doing Business under the Name and Style of “Woolman Brothers,” Defendant. [MAJORITY] The decision handed down January 15, 1936 [246 App. Div. 157], and the order entered thereon February 10, 1936, are hereby amended to read as follows: “ Judgment reversed, on the law and facts, with costs, and complaint dismissed, with costs. Opinion by Crapser, J. Rhodes, McNamee and Bliss, JJ., concur; Hill, P. J., dissents. The following findings of fact, contained in the referee’s report, are reversed: Nos. 5, 6, 25 and 30; and all findings of fact contained in the portion of the decision captioned ‘ Conclusions of Law ’ are reversed. The following findings of fact, contained in plaintiff’s proposed findings, are reversed: Nos. 5, 6, 25 and 31, and all findings of fact captioned ‘ Conclusions of Law ’ are reversed. The court makes the following new finding of fact: That plaintiff’s receipt and acceptance of the payment of rent accruing subsequent to the notice of election to declare a forfeiture was a waiver of the forfeiture.” Present — Hill, P. J., Rhodes, Crapser, Bliss and Heffernan, JJ.