Opinion
January 25, 1971
In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Queens County, entered June 22, 1970, in favor of defendant Paul Schmidt, upon the trial court's dismissal of the complaint at the close of plaintiff's case. Judgment affirmed, with costs. No opinion. Munder, Acting P.J., Martuscello, Shapiro and Brennan, JJ., concur; Benjamin, J., dissents and votes to reverse the judgment with the following memorandum: It is my opinion that the provisions of the Administrative Code of the City of New York are applicable for the protection of a policeman in the performance of his duties and that a question for the jury was created by the failure of defendant Paul Schmidt to comply therewith.