Majority
p. 1022Frank T. Coleman, Respondent, v. New York Central Railroad Company, Appellant.
Judgment unanimously reversed, with costs to the appellant, and the complaint dismissed. Even if we are to assume that upon the facts in this case, respondent has a cause of action to recover damages for breach of contract, he failed to establish any right to relief in that there was insufficient proof to make a prima facie case that he had not received a fair hearing. Settle order on notice. Present — Peck, P. J., Dore, Cohn, Callahan and Yan Yoorhis, JJ.