Majority
p. 618Joseph Esposito, Respondent, v. Knight & DeMicco, Inc., and The City of New York, Appellants.
Judgment and order reversed upon the law and a new trial granted, costs to abide the event. The court erred in refusals to charge at folios 1002, 1003 and 1004. Lazansky, P. J., Hagarty, Carswell and Tompkins, JJ., concur; Davis, J., dissents and votes to affirm.