Opinion
Submitted March 6, 1940
Decided April 9, 1940
Appeal from the Supreme Court, Appellate Division, First Department, LEARY, J.
Clarence E. Mellen for appellant.
Fred P. Harrington, Charles S. Scholnicoff and John F. Mulvey for respondent.
Judgments reversed and complaint dismissed, with costs in all courts, on the ground there is no evidence of negligence. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ.