Opinion
May 16, 1968
Appeal from the Ontario Trial Term.
Present — Williams, P.J., Bastow, Goldman, Del Vecchio and Marsh, JJ.
Judgment unanimously reversed on the law and facts and a new trial granted, with costs to abide the event. (Same Memorandum as in Ortiz v. Wood, 30 A.D.2d 636, decided concurrently herewith.)