Majority
p. 876Fannie Miglioratti et al., Appellants, v. Patsy Delle Fave et al., Doing Business as Delle Fave Brothers, Respondents.
Judgment reversed on the law and a new trial granted, with costs to the appellants to abide the event, on the ground that plaintiffs’ proof presented questions of fact as to negligence and contributory negligence. All concur, except Taylor, P. J., and Piper, J., who dissent and vote for affirmance. (Appeal from a judgment dismissing the complaint in a negligence action.) Present — Taylor, P. J., McCurn, Vaughan, Piper and Wheeler, JJ.