Opinion
Submitted May 9, 1963
Decided July 10, 1963
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JOHN L. FLYNN, J.
Alfred S. Julien and Jonathan W. Lubell for appellants.
Leo A. Larkin, Corporation Counsel ( Joel Bernstein and Bernard Helfenstein of counsel), for respondent.
Judgment affirmed, without costs; no opinion.
Concur: Judges DYE, FULD, VAN VOORHIS and BURKE. Chief Judge DESMOND and Judges FOSTER and SCILEPPI dissent and vote to reverse upon the ground that the evidence presented questions for the jury as to defendant's causative negligence.