Opinion
Argued November 27, 1940
Decided December 31, 1940
Appeal from the Supreme Court, Appellate Division, First Department, DINEEN, J.
Herbert Kaufman for appellants.
John A. Kelly for respondent.
Judgment of Appellate Division reversed and that of Trial Term affirmed, with costs in this court and in the Appellate Division on the ground that there was a fair question of fact as to the defendant's negligence. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ.