Opinion
Argued January 23, 1946
Decided March 7, 1946
Appeal from the Supreme Court, Appellate Division, First Department, LEVY, J.
Fred H. Rees and Alexander Orr, Jr., for appellant.
John R. Lauer and Henry L. Connors for defendant-respondent.
Judgments reversed and motion denied with costs in all courts, upon the ground that the pleadings and affidavits present a question of fact whether at the time of the accident plaintiff was the employee of the defendant-respondent or continued in the general employment of The Oceanic Service Corporation. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER and DYE, JJ. MEDALIE, J., deceased.