Opinion
Argued December 2, 1953
Decided January 15, 1954
Appeal from the Supreme Court, Appellate Division, Second Department, EAGER, J.
Stanley B. Johnson, William S. O'Connor and G.R. Bartlett, Jr., for appellant.
Henry Hirschberg and Milton Dammann for respondents.
Judgment affirmed, with costs; no opinion.
Concur: LEWIS, Ch. J., CONWAY, DESMOND, DYE and FROESSEL, JJ. FULD and VAN VOORHIS, JJ., dissent and vote to reverse and dismiss the complaint upon the ground that the record contains no evidence of actionable negligence on defendant's part nor of freedom from contributory negligence.