Gottlieb v. Frey

254 A.D. 670, 4 N.Y.S.2d 988, 1938 N.Y. App. Div. LEXIS 7047

Opinion

Judgment unanimously reversed and a new trial ordered, with costs to the appellants to abide the event, on the ground that, upon the present record, the question of the defendant’s negligence should have been submitted to the jury. Present —■ Martin, P. J., Townley, Glennon, Untermyer and Cohn, JJ.