Opinion
Argued May 20, 1938
Decided June 3, 1938
Appeal from the Supreme Court, Appellate Division, Second Department.
Frederick Mellor and Joseph F. Lenihan for appellant.
Isidor E. Schlesinger, Leon Singer and Samuel M. Goldberg for respondents.
Order of the Appellate Division reversed and judgment of the Trial Term affirmed, with costs in this court and in the Appellate Division on the ground that the defendant was not as matter of law guilty of negligence. No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ.