p. 255Irving B. Thorne, M. D., Respondent, v. Columbia Cab Corporation and Another, Appellants.[1] Supreme Court, Appellate Term, First Department, June 21, 1938.
Irving L. Levinson [Harold Davis of counsel], for the appellants.
Walter J. Hampton, Jr. [Victor D. Borst, Jr., of counsel], for the respondent.
The finding of the trial judge that the accident occurred as a result of the negligence of the defendants is not sustained by the proofs.
Judgment reversed, with costs, and complaint dismissed, with costs.
Frankenthaler and Shientag, JJ., concur; Noonan, J., dissents.
(dissenting). I dissent and vote for a modification reducing the recovery to $2,000.