Shankman v. City of New York ( 1945 )

Judgments reversed and a new trial granted with costs to the appellant to abide the event upon the ground that there was a question of fact as to the defendant’s negligence which should have been submitted to the jury. No opinion.

Concur: Lottghban,. Ch. J., Conway, Desmond and Close * , JJ. Dissenting: Lewis and Dye, JJ. Taking no part: Medalie, J.

*

Designated pursuant to section 5 of article VI of the State Constitution in place of Thacher, J., disqualified.