Majority
Judgment and order affirmed, with costs. Both at the end of plaintiff’s case and when all the evidence was in plaintiff moved for a nonsuit. In each instance the learned trial court reserved decision over defendant’s objections and exceptions. No ruling was made upon these motions until after a general verdict had been rendered, when an order was entered denying them. The jury was not asked to render a special verdict pursuant to section 459 of the Civil Practice Act. While we do not find that defendant has been sufficiently aggrieved to warrant the granting of a new trial, we disapprove the trial practice mentioned as being unauthorized. (Russell v. Rhinehart, 137 App. Div. 843 , 847.) All concur. Present •— Sears, P. J., Crouch, Taylor, Edgcomb and Crosby, JJ.