Opinion
Submitted February 28, 1944
Decided April 13, 1944
Appeal from the Supreme Court, Appellate Division, Second Department, NOVA, J.
Joseph M. Schwartz for appellant.
Arthur K. Wing, George S. Wing, James G. Purdy and John H. Brogan for respondent.
Judgments reversed and a new trial granted, with costs to abide the event, upon the ground that questions of fact were presented for determination by the jury as to negligence, contributory negligence and the liability of the defendant-respondent under the decision of this court in Reese v. Reamore ( 292 N.Y. 292), decided herewith. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, RIPPEY, LEWIS, CONWAY, DESMOND and THACHER, JJ.