Majority
p. 708Yonkers Star Structural Steel Works, Inc., etc., Respondent, v. Mauro Primavera, Appellant, and Others, Defendants.
Order setting aside verdict and restoring case for trial reversed upon the law and the facts, with costs, motion denied, verdict reinstated and judgment directed to be entered thereon, with costs. The ease went to the jury upon a basis that was acquiesced in by both plaintiff and defendant, and that basis and the charge thereon became the law of the case. Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur.