Majority
p. 898Rosa Anzalone, as Administratrix, etc., of Joseph Anzalone, Deceased, Appellant, v. The City of New York, Respondent.
Judgment modified by providing that the dismissal of the complaint was because of a failure of proof and not on the merits, and as so modified affirmed, with costs to the respondent. No opinion. Present — Finch, P. J., Merrell, McAvoy, Martin and Townley, JJ.