Majority
p. 1001Meyer Smulian, Respondent, v. Independent Warehouses, Inc., Appellant, and William Pfeifer, Jr., et al., Individually and as Partners Doing Business under the Name of Pfeifer Bros., Impleaded Defendants-Respondents.
Judgment unanimously reversed, with costs to the appellant, and the complaint dis
p. 1002
missed, with costs, on the ground that the evidence failed to establish any actionable negligence on the part of the defendant-appellant. Settle order on notice. Present — Martin, P. J., Townley, Glennon, Callahan and Peck, JJ.