Opinion
March 21, 1945.
Present — Taylor, P.J., Harris, McCurn, Larkin and Love, JJ.
Judgment and order affirmed, with costs. All concur, except Larkin, J., who dissents and votes for reversal and for dismissal of the complaint on the authority of Stakel v. City of Batavia ( 260 N.Y. 628). (The judgment is for plaintiffs in a negligence action. The order denies a motion for a new trial.)