De Fazio v. Max Luria Realty Co.

Judgment reversed and a new trial ordered,' with costs to the appellants to abide the event, on. account of the error of the court in failing to submit to the jury the question of constructive notice. Present — Martin, P. J., Townley, Untermyer, Dore and Cohn, JJ.; Martin, P. J., and Townley, J., dissent and vote to affirm.