Opinion
Argued November 27, 1939
Decided December 28, 1939
Appeal from the Supreme Court, Appellate Division, First Department, CHURCH, J.
Jacob W. Friedman and Simon Metrik for appellants.
William C. Chanler, Corporation Counsel ( Paxton Blair and Arthur H. Goldberg of counsel), for respondent.
Judgments reversed and new trial granted, with costs to abide the event, on the authority of Engels v. City of New York ( 281 N.Y. 650). No opinion.
Concur: CRANE, Ch. J., LEHMAN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ. Taking no part: O'BRIEN, J.