Opinion
February 21, 1963
Appeal from the Lewis Special Term.
Present — Bastow, J.P., Goldman, Halpern, McClusky and Henry, JJ.
Judgment and order unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: A new trial is required in the interests of justice for the reasons stated in Fernicola v. Rudolph ( 18 A.D.2d 957).