Opinion
January 13, 1937.
Present — Sears, P.J., Edgcomb, Thompson, Crosby and Lewis, JJ.
Judgment and order affirmed, with costs. All concur, except Edgcomb and Crosby, JJ., who dissent and vote for reversal on the law and dismissal of the complaint for the reasons stated in the dissenting opinion on the former appeal ( 245 App. Div. 561). (The judgment awards plaintiff damages for death of intestate in a grade crossing accident. The order denies motion for a new trial on the minutes.)