Opinion
Argued April 3, 1957
Decided May 16, 1957
Appeal from the Appellate Division of the Supreme Court in the second judicial department, JOSEPH M. CONROY, J.
Benjamin Heller and Joseph H. Sand for appellant.
Patrick E. Gibbons and Ralph H. Terhune for respondent.
Judgment of the Appellate Division reversed and a new trial granted, with costs to abide the event, upon the ground that, under all the surrounding circumstances, plaintiff made out a prima facie case raising issues of fact which were properly left to the jury for its determination. No opinion.
Concur: CONWAY, Ch. J., DESMOND, DYE, FULD, VAN VOORHIS and BURKE, JJ. FROESSEL, J., dissents and votes to affirm.