Tagg v. Senner — 277 N.Y. 692

Majority

p. 692

Elizabeth Tagg, Respondent, v. Frank J. Senner, Appellant, Impleaded with Another.

Argued March 7, 1938;

decided April 12, 1938.

p. 693

Clarence S. Zipp, Daniel R. Harvey and Daniel Miner for appellant.

Ralph Stout and Louis Rothhard for respondent.

Judgments so far as appealed from reversed and complaint against appellant dismissed, with costs in all courts. The record fails to disclose any evidence of negligence or nuisance as against appellant. (See, also, subdivision 2 of section 583 of Civil Practice Act.) No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Lottghran, Finch and Rippey, JJ.