Majority
p. 1089Ethel Levack and Michael Levack, as Administrators, etc., of Samuel Levack, Deceased, Respondents, v. Brooklyn and Queens Transit Corporation, Appellant.
On appeal by defendant, in an action for damages for death by wrongful act, neglect or default, from a judgment in favor of plaintiffs, entered on a jury verdict, judgment reversed on the facts and a new trial granted, with costs to appellant to abide the event, on the ground that the verdict is against the weight of the evidence. Johnston, Adel and Taylor, JJ., concur; Lazansky, P. J., and Carswell, J., dissent and vote to affirm the judgment.