Opinion
Argued May 23, 1960
Decided June 10, 1960
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HAROLD A. STEVENS, J.
Benjamin H. Siff and Lester Lewis Jay for appellants.
Charles H. Tenney, Corporation Counsel ( Alfred Weinstein, Seymour B. Quel and Stanley Katz of counsel), for respondent.
Judgment reversed and a new trial granted, with costs to abide the event. On the particular facts of this case, and for the reasons stated in the dissenting opinion in the Appellate Division, issues of fact were presented which should have been submitted to a jury. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS and FOSTER. Taking no part: Judge BURKE.