Opinion
February 27, 1964
Appeal from the Monroe Trial Term.
Present — Williams, P.J., Bastow, Noonan and Del Vecchio, JJ.
Judgment unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: The complaint was improperly dismissed at the close of the evidence. Questions of fact were presented that should have been submitted to a jury.