Opinion
January 16, 1969
Appeal from the Jefferson Trial Term.
Present — Bastow, P.J., Goldman, Del Vecchio, Marsh and Henry, JJ.
Judgment and order unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. (Same Memorandum as in Crossett v. Natali, 31 A.D.2d 783, decided concurrently herewith.)