Opinion
Argued November 19, 1959
Decided December 30, 1959
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JAMES W. BAILEY, J.
Henry Hirschberg for appellant.
Irving A. Green for respondent.
Judgment affirmed, with costs; no opinion.
Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL and BURKE. Judge VAN VOORHIS dissents and votes to reverse and to dismiss the complaint upon the ground that there is no evidence of negligence on the part of appellant resulting in the accident.