Opinion
December 11, 1969
Appeal from the Monroe Trial Term.
Present — Del Vecchio, J.P., Marsh, Gabrielli, Moule and Bastow, JJ.
Judgment unanimously reversed on the law and facts and a new trial granted, with costs to abide the event. (Same Memorandum as in Sherwood v. Fleming, 33 A.D.2d 880.)