Opinion
Submitted November 19, 1937
Decided December 7, 1937
Appeal from the Supreme Court, Appellate Division, First Department.
Frederick E. Klein, Solomon Hirschhorn and Samuel Block for plaintiffs, appellants and respondents.
A.L. Wilbur and James L. Quackenbush for defendant, respondent and appellant.
Judgment of the Appellate Division and that of the Trial Term reversed and complaint dismissed, with costs in all courts. We can find no evidence of negligence. No opinion. (See 276 N.Y. 682. )
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN and FINCH, JJ. Dissenting: RIPPEY, J.