Opinion
December 30, 1937.
Action to recover for personal injuries sustained by an infant's falling from a fire escape, access to which was had through a window opening from a common hallway in a tenement house. Also action by the infant's father for expenses and loss of services. Judgment of the County Court of Rockland county dismissing the complaint affirmed, with costs. ( Saraceni v. Mount Vernon Trust Co., 246 App. Div. 612; affd., 271 N.Y. 514. ) Hagarty, Carswell, Taylor and Close, JJ., concur; Johnston, J., dissents and votes for reversal and a new trial.