Majority
p. 920James J. Minogue, Appellant, v. New York City Transit Authority, Respondent.
In an action to recover damages for injuries to person and property, the appeal is from a judgment dismissing the complaint on the merits at the close of appellant’s case, on the ground that appellant had failed to establish freedom from contributory negligence as a matter of law. Judgment unanimously affirmed, with costs. No opinion. Present — Wenzel, Acting P. J., Beldoek, Ughetta, Hallinan and Kleinfeld, JJ.