Opinion
Argued January 7, 1943
Decided February 25, 1943
Appeal from the Supreme Court, Appellate Division, First Department, WASSERVOGEL, J.
Louis E. Schwartz, Irving Hoffman and Hyman Sommer for appellant.
Charles F. Bachmann, Thomas F. Keane, George A. Kuittinen and John P. Smith for respondent.
Judgments reversed and a new trial granted with costs to the appellant to abide the event on the ground that questions of fact were presented by the record both as to defendant's negligence and as to plaintiff's freedom from contributory negligence. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.