Opinion
Argued February 28, 1946
Decided April 18, 1946
Appeal from the Supreme Court, Appellate Division, First Department, BOTEIN, J.
Doris I. Byrne, Samuel J. Sussman and Herman E. Hoberman for appellant.
John J. Bennett, Jr., Corporation Counsel ( Joseph F. Mulqueen, Jr., of counsel), for respondent.
Judgments reversed and a new trial granted, with costs to abide the event upon the ground that the record presents questions of fact as to negligence and contributory negligence; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND and DYE, JJ. Taking no part: THACHER, J. MEDALIE, J., deceased.