Opinion
Argued February 21, 1961
Decided March 23, 1961
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ARTHUR G. KLEIN, J.
Stanley M. Goldberg for appellant.
Ludwig S. Mlott, Stuart Riedel and Addison B. Scoville for respondent.
Judgment reversed and a new trial granted, with costs to abide the event, upon the ground that issues of fact were presented as to negligence and proximate cause justifying submission of the case to the jury. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE and FOSTER. Judges FROESSEL and VAN VOORHIS dissent and vote to affirm.