Opinion
Argued May 18, 1960
Decided June 9, 1960
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JULIUS J. GANS, J.
Lillian E. Cuff and George J. Conway for appellant.
Leonard A. Arye for respondent.
Judgment affirmed, with costs; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL and BURKE. Judges VAN VOORHIS and FOSTER dissent and vote to reverse and dismiss the complaint upon the ground that defendant was not proved guilty of negligence as a matter of law.