Joseph v. Horn Hardart Company ( 1941 )

Judgment of the Appellate Division reversed and that of the Trial Term affirmed, with costs in this court and in the Appellate Division, on the ground that a question of fact as to defendant’s negligence was presented. No opinion.

Concur: Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ. Dissenting: Lehman, Ch. J.