Opinion
Argued February 28, 1940
Decided March 15, 1940
Appeal from the Supreme Court, Appellate Division, Second Department, STEINBRINK, J.
William C. Chanler, Corporation Counsel ( Stanley Buchsbaum and Paxton Blair of counsel), for appellant.
Thomas A. Shaw and Edward J. Fanning for respondent.
Judgments reversed and new trial granted, with costs to the appellant to abide the event on the ground that there was insufficient proof of negligence. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ.