Majority
p. 742Vernon W. Balzer, Appellant, v. City of New York, Respondent. Argued December 1, 1938; decided January 3, 1939.
Louis Hasbrouck Newkirk and Isidor H. Taylor for appellant.
William C. Chanler, Corporation Counsel (Paxton Blair, Samuel A. Bloom and Charles E. Ramsgate of counsel), for respondent.
p. 743
Judgment affirmed, with costs, on the ground that no negligence had been proved. No opinion.
Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ.