Majority
p. 942Rose A. Gaffney, Appellant, v. The City of New York, Respondent.
Judgment reversed and new trial granted, costs to abide the event, upon the ground that plaintiff’s evidence presented a question of fact which required submission of the case to the jury. Burr, Thomas and Rich, JJ., concurred; Jenks, P. J., and Stapleton, J., dissented.