Shearod v. Forty-first & Park Avenue Corp.

Judgment reversed upon the law and the facts, with costs, and complaint dismissed, with costs. We are of opinion that plaintiff failed to show any negligence on the part of defendant. (Abbott v. Richmond County Country Club, 211 App. Div. 231 ; affd., 240 N. Y. 693 .) The case of Worth v. Ebinger Baking Co., Inc. ( 225 App. Div. 765 ) is distinguishable from the case at bar. Rich, Kapper, Seeger and Scudder, JJ., concur; Lazansky, P. J., dissents.