Opinion
Argued March 6, 1940
Decided April 9, 1940
Appeal from the Supreme Court, Appellate Division, Second Department, RIEGELMANN, J.
Harry A. Spiegelman, Julius J. Ivanitsky and John M. Wilson for appellant.
William C. Chanler, Corporation Counsel ( Edward J. McGratty, Jr., and Paxton Blair of counsel), for respondent.
Judgment of the Appellate Division in so far as it dismisses the complaint reversed and a new trial granted, with costs to the appellant to abide the event, on the ground that questions of fact were presented for the jury. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ.