Opinion
Argued January 11, 1943
Decided February 25, 1943
Appeal from the Supreme Court, Appellate Division, Second Department, DALY, J.
Edwin C. Morsch and Edwin B. Goddin for appellants.
Jacob D. Menkes, Simon H. Trevas and Neal L. Thompson (of the District of Columbia bar) for respondent.
Judgments reversed and a new trial granted, with costs to the appellants to abide the event, solely on the ground the record presents a question of fact whether the defendant-owner exercised reasonable care in the selection of a contractor. No opinion. (See 290 N.Y. 739.)
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.