Majority
p. 515Ruth Opas, an Infant, by Irwin Opas, Her Guardian ad Litem, and Irwin Opas, Appellants, v. Dr. Savage Physical Development Institute, Limited, and Another, Respondents.
Judgment reversed and a new trial ordered, with costs to the appellants to abide the event, upon the ground that the testimony was sufficient to have justified the jury in finding both defendants negligent, and that the issue of the defendants’ negligence should have been submitted to the jury. Present — Finch, P. J., Merrell, Townley, Glennon and Untermyer, JJ.; Glennon, J., dissents and votes for affirmance.