Opinion
Argued May 3, 1966
Decided June 2, 1966
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MATTHEW M. LEVY, J.
Lee S. Kreindler, Harry E. Kreindler, Milton G. Sincoff and Jules Brody for appellant.
Harold J. Levy, Bernard Helfenstein, Irwin M. Strum and Herbert Minster for respondent.
Order affirmed, with costs, upon the ground that plaintiff was guilty of contributory negligence as a matter of law. We pass upon no other question. No opinion.
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Judge KEATING dissents and votes to reverse upon the ground that the questions of fact were properly submitted to the jury by the Trial Justice.