Opinion
August 30, 1968
Appeal from the Suffolk County District Court, First District, FRANK P. DE LUCA, J.
John C. Young for appellant.
Sol Gordon for respondents.
Plaintiff failed to establish any reservation of control on the part of defendant Miller over the site of the accident ( Marino v. Landberge, 297 N.Y. 830) and her own freedom from contributory negligence ( Alexander v. Cavagnaro, 4 A.D.2d 689, affd. 4 N.Y.2d 989; Midgett v. Mastropoalo, 277 App. Div. 792, app. dsmd. 302 N.Y. 687).
The judgment, so far as appealed from, should be unanimously reversed, without costs, and complaint dismissed as to defendant Ann Miller. Appeal from orders dated October 16, 1967 and January 23, 1968 dismissed as academic.
Concur — HOGAN P J., GLICKMAN and PITTONI, JJ.
Judgment reversed, etc.