Opinion
Argued October 17, 1952
Decided November 20, 1952
Appeal from the Supreme Court, Appellate Division, Third Department, ALEXANDER, J.
Thomas F. Tracy and Charles B. Sullivan for appellant.
James A. Leary, Walter A. Fullerton and Francis J. Keehan for respondent.
Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts. Plaintiff established prima facie a cause of action in negligence. We pass upon no other question. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ.