Opinion
Argued May 26, 1938
Decided July 7, 1938
Appeal from the Supreme Court, Appellate Division, Second Department.
H.H. Brown, J.O. Denniston and E.C. Sherwood for appellant.
J. Irwin Shapiro for respondent.
The appellant was not guilty of any negligence in the maintenance of the cellar doors. The accident occurred solely through the negligence of a third party. ( Kirby v. Newman, 239 N.Y. 470.)
The judgments should be reversed and the complaint dismissed, with costs in all courts.
CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ., concur.
Judgments reversed, etc.