Opinion
March 22, 1950.
Present — Taylor, P.J., McCurn, Love, Vaughan and Kimball, JJ.
Judgment affirmed, with costs. Memorandum: Plaintiff, in our opinion, failed to establish negligence on the part of defendant. (See Kelly v. Rose, 291 N.Y. 611.) All concur. (The judgment appealed from dismisses the complaint in a negligence action.)