Majority
p. 642Peter Martucci, an Infant, by Pasquale Martucci, His Guardian ad Litem, et al., Appellants, v. Eskay Coal & Fuel Corporation et al., Respondents. Submitted January 19, 1940; decided February 27, 1940.
p. 643
Robert Feingold for appellants.
Elihu Rosen for Frank Rodia et al., respondents.
Walter L. Glenney and Chauncey L. Grant for Eskay Coal & Fuel Corporation, respondent.
On the appeal from the order of the Appellate Division granting a new trial: Order affirmed and judgment absolute ordered against appellants on the stipulation, without costs. On the appeal from the judgment of the Appellate Division reversing the judgment against Eskay Coal & Fuel Corporation: Judgment affirmed, without costs. No opinion.
Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Sears, Lewis and Conway, JJ.