
    Charles L. Schlesinger, as Administrator of the Estate of Nathan Schlesinger, Deceased, Appellant, v. New York Telephone Company, Respondent.
   In an action to recover damages for the death of plaintiff’s intestate, alleged to have occurred as a result of contact' with respondent’s telephone wires, which were supported by a pole, to the top of which deceased had climbed for the purpose of installing a radio antenna, judgment was granted in favor of the respondent at the close of the plaintiff’s case. Judgment affirmed, with costs. No opinion. Carswell, Johnston, Adel and Nolan, JJ., concur; Lewis, P. J., dissents, with the following memorandum: The court erroneously rejected proof as to the details and circumstances under which permission to erect its pole was granted to the telephone company.  