Opinion
Submitted October 21, 1938
Decided November 22, 1938
Appeal from the Supreme Court, Appellate Division, Second Department.
Clarence S. Zipp, James F. Robertson and Daniel Miner for appellant.
Henry Koenig and Gustave Schwartz for respondent.
Judgment of Appellate Division reversed and order of Trial Term setting aside verdict affirmed, with costs to abide the event. We fail to find any evidence of negligence. No opinion. (See 279 N.Y. 785.)
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ.