Opinion
Argued October 22, 1953
Decided December 3, 1953
Appeal from the Supreme Court, Appellate Division, Fourth Department, O'BRIEN, J.
Joseph W. Alaimo and Philip B. Dattilo for appellant.
Eric P. Smith for respondent.
Judgments reversed and a new trial granted, with costs to abide the event, upon the ground that the evidence presented questions of fact for the jury. No opinion.
Concur: LEWIS, Ch. J., CONWAY, DYE and FROESSEL, JJ. DESMOND and FULD, JJ., dissent on the memorandum of the Appellate Division. Taking no part: VAN VOORHIS, J.