Guralnick v. Standard Harlem Ice Cream Co.

Judgment and order reversed and new trial ordered, with costs to appellant to abide the event, upon the ground that issues of fact were presented by the testimony requiring the decision of the jury. Present — Dowling, Merrell, Finch, McAvoy and Martin, JJ.; Merrell and Martin, JJ., dissent upon the ground that the plaintiff proved by his own testimony that the defendant was not guilty of any negligence.