Opinion
October 13, 1964
In an action to recover damages for personal injury, the plaintiff appeals from a judgment of the Supreme Court, Westchester County, entered October 9, 1963 after a jury trial, in favor of the defendant, dismissing the complaint on the merits at the close of plaintiff's case. Judgment affirmed, with costs ( Figler v. Subin, 18 A.D.2d 702, affd. 14 N.Y.2d 740; cf. De Clara v. Barber S.S. Lines, 309 N.Y. 620; Leskody v. Atlantic Stevedoring Co., 21 A.D.2d 894). Ughetta, Acting P.J., Brennan, Hill, Rabin and Hopkins, JJ., concur.