Opinion
Argued April 30, 1928
Decided May 11, 1928
Appeal from the Supreme Court, Appellate Division, First Department.
Lyman A. Spalding, Arthur McCausland and William J. Nolan for appellant.
George Eilperin and Habeeb Abokair for respondent.
Order of Appellate Division and that of Special Term reversed and defendant's motion for judgment granted, with costs in all courts. Question certified answered in the negative. Held, that the complaint does not state facts sufficient to constitute a cause of action in that it fails to state any facts from which an inference of negligence is possible.
Concur: CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN, KELLOGG and O'BRIEN, JJ.