Opinion
November 18, 1938.
Present — Martin, P.J., Glennon, Untermyer, Dore and Callahan, JJ.
Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event, on the following grounds: (1) The verdict is against the weight of the credible evidence; (2) the court erred in admitting in evidence the "instructions" alleged to have been given by the manager to the bus boy to clean the floor after the plaintiff had fallen. ( Golden v. Horn Hardart Co., Inc., 244 App. Div. 92; affd., 270 N.Y. 544.)