Majority
p. 852Marcus Bischoff, Appellant, v. The City of New York and Interborough Rapid Transit Company, Respondents.
The decision of the learned trial court that the plaintiff is entitled to nominal damages only is against the weight of the evidence and the judgment is, therefore, reversed upon the law and the facts and a new trial granted, costs to abide the event. Findings of fact marked 3, 4, 5, 6, 7, 8, 10 and 11, and conclusions of law 1 and 2 are reversed. Lazansky, P. J,. Rich, Kapper, Hagarty and Seudder, JJ., concur.