Opinion
December 9, 1965
Determination of the Appellate Term affirming a judgment of the Civil Court in favor of plaintiff, unanimously reversed on the law, the facts and in the exercise of discretion and a new trial ordered, with $50 costs to abide the event, on the dissenting opinion of CAPOZZOLI, J., at Appellate Term. Settle order on notice.
Concur — Botein, P.J., Rabin, McNally, Stevens and Steuer, JJ.