
    James Shearod, Appellant, v. Forty First and Park Avenue Corporation, Respondent.
    (Submitted October 2, 1930;
    decided October 21, 1930.)
    
      Louis B. Goldberg and Allen M. Chamow for appellant.
    
      Clarence S. Zipp and E. C. Sherwood for respondent.
   Judgment of the Appellate Division reversed in so far as it dismisses the complaint and a new trial granted, with costs to abide the event, on the ground that there was a question of fact as to the defendant’s negligence; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane and O’Brien, JJ. Dissenting: Kellogg and Hubbs, JJ. Not sitting: Lehman, J.  