Opinion
Argued April 9, 1968
Decided June 5, 1968
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN J. RYAN, J.
J. Lee Rankin, Corporation Counsel ( L. Michael Rudolph and Stanley Buchsbaum of counsel), for appellant.
John J. Duffy and Harry A. Fox for Helen Kelly, respondent.
No appearance for New York City Transit Authority, respondent.
Order affirmed, with costs to plaintiff-respondent; no opinion.
Concur: Judges BURKE, KEATING, BREITEL and JASEN. Chief Judge FULD and Judges SCILEPPI and BERGAN dissent and vote to reverse on the ground that plaintiff failed to prove negligence on the part of defendant City of New York.