
    Theodore R. Malone, Appellant, v. Frederick H. Luneburg et al., Respondents.
   No opinion. Nolan, P. J., Beldock and Christ, JJ., concur; Ughetta and Kleinfeld, JJ., dissent and vote to reverse the judgment and to grant a new trial, on the ground that a question of fact was presented as to plaintiff’s contributory negligence, which should have been submitted to the jury (Dranofsky v. Collins, 271 App. Div. 932; Knapp v. Barrett, 216 N. Y. 226).  