Majority
p. 767Philip Polizzi, as Administrator of the Estate of Luigi “Louis” Polizzi, Deceased, Appellant, v. Lewis “Louis” Ruggiero, Respondent.
Judgment affirmed, without costs of this appeal to either party. All concur. (Appeal from a judgment dismissing the complaint in an action for damages for the death of plaintiff’s intestate alleged to have resulted by reason of a defective stairway in an apartment building.) Present — McCurn, P. J., Vaughan, Kim-ball, Piper and Wheeler, JJ. [See post, p. 998.]