Opinion
Argued May 29, 1968
Decided June 14, 1968
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JOHN L. FLYNN, J.
Arthur N. Seiff and Harry H. Lipsig for appellant.
J. Lee Rankin, Corporation Counsel ( L. Michael Rudolph and Stanley Buchsbaum of counsel), for City of New York, respondent.
David S. Konheim for Broadway Maintenance Corp., respondent.
Order reversed, with costs to abide the event, and a new trial granted on the ground that there was sufficient evidence to submit to the jury. No opinion.
Concur: Judges BURKE, SCILEPPI, KEATING and BREITEL. Chief Judge FULD and Judges BERGAN and JASEN dissent and vote to affirm on the opinion at the Appellate Division.