Opinion
Argued November 24, 1948
Decided January 6, 1949
Appeal from the Supreme Court, Appellate Division, Second Department, WALSH, J.
Theodore Kiendl and William R. Meagher for appellant.
Harry E. Kreindler, Max J. Wolff and Emanuel Rothstein for respondent.
Judgment affirmed, with costs; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND and DYE, JJ. FULD, J., dissents upon the ground that the record is devoid of any evidence that defendant was guilty of negligence.