Opinion
Argued October 21, 1952
Decided December 4, 1952
Appeal from the Supreme Court, Appellate Division, First Department, GAVAGAN, J.
William F. McNulty for appellants.
Bernard Meyerson, Morris L. Meshel and Gustave G. Rosenberg for respondent.
Judgment affirmed, with costs; no opinion.
Concur: LOUGHRAN, Ch. J., DESMOND, DYE, FULD and FROESSEL, JJ. LEWIS and CONWAY, JJ., dissent and vote for reversal and a new trial upon the ground that there was erroneously received in evidence expert testimony that the window sash involved herein was not so constructed that it could be cleaned from the inside "within the intendment of the rules and regulations of the Board of Standards and Appeals and of Section 202 of the Labor Law." ( Dougherty v. Milliken, 163 N.Y. 527, 533-534.)