April 21, 1959
Judgment against James Polimeni and Rocco Michael De Lorenzo, Jimmy De Lorenzo and Rocco De Lorenzo, individually and as copartners doing business under the firm name and style of Jimmy Rocky Fruits Produce is unanimously reversed, on the law, and a new trial ordered, with costs to abide the event. (See Thomas v. Central Greyhound Lines, 6 A.D.2d 649.) There being no opposition, this cause is consolidated with Thomas v. Central Greyhound Lines ( supra).
Concur — Botein, P.J., Rabin, M.M. Frank, McNally and Stevens, JJ.