Majority
p. 566William R. Goodheart, Jr., as Administrator, etc., of Harry H. Pinsley, Deceased, Appellant, v. American Airlines, Inc., Respondent.
The motion is referred to the court that rendered the decision on the appeal, [See 252 App. Div. 660 , 664.] Present — Lazansky, P. J., Hagarty, Davis, Johnston and Taylor, JJ. Motion for reargument granted, and on reargument the decision of this court handed down on December 30, 1937, is hereby amended to read as follows: Judgment reversed on the law and the facts and a new trial granted, with costs to appellant to abide the event. Opinion by Johnston, J.; Carswell, Adel and Close, JJ., concur; Hagarty, J., dissents and votes to affirm, with memorandum. Order resettled and opinion amended accordingly. Present — Hagarty, Carswell, Johnston, Adel and Close, JJ.