Opinion
Argued March 7, 1938
Decided April 12, 1938
Appeal from the Supreme Court, Appellate Division, Second Department.
Clarence S. Zipp, Daniel R. Harvey and Daniel Miner for appellant.
Ralph Stout and Louis Rothbard for respondent.
Judgments so far as appealed from reversed and complaint against appellant dismissed, with costs in all courts. The record fails to disclose any evidence of negligence or nuisance as against appellant. (See, also, subdivision 2 of section 583 of Civil Practice Act.) No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ.