Opinion
Argued December 4, 1945
Decided March 7, 1946
Appeal from the Supreme Court, Appellate Division, First Department, MORRISON, J.
Joseph Kane and George J. Stacy for appellant.
Norman Kemper for respondents.
Judgments reversed and a new trial granted, with costs to the appellant to abide the event, upon the ground that there was error in the charge of the trial court to the jury. (See Kirshenbaum v. General Outdoors Adv. Co., 258 N.Y. 489.)
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and MEDALIE, JJ.