Majority
p. 685John B. Mitchell, Appellant, v. Dugan Brothers, Inc., Respondent.
Judgment reversed upon the law and the facts and a new trial granted, costs to abide the event, upon the ground that the issues should have been submitted to the jury. (Manthey v. Rauenbuehler, 71 App. Div. 173 ; Furlong v. Winne & Mc Kain Co., 166 id. 882; Hollaran v. City of New York, 168 id. 469.) Lazansky, P. J., Rich, Young, Kapper and Seeger, JJ., concur.