
    Charles Shankman, Appellant, v. City of New York, Respondent.
    Argued February 26, 1945; reargued December 3, 1945;
    decided December 6, 1945.,
    
      
      David G. Broderick and Charles S. Vaccaro for appellant.
    
      Ignatius M. Wilkinson, Corporation Counsel (Samuel A. Bloom and Joseph F. Mulqueen, Jr., of counsel), for respondent.
   Judgments reversed and a new trial granted with costs to the appellant to abide the event upon the ground that there was a question of fact as to the defendant’s negligence which should have been submitted to the jury. No opinion.

Concur: Lottghban,. Ch. J., Conway, Desmond and Close, JJ. Dissenting: Lewis and Dye, JJ. Taking no part: Medalie, J. 
      
       Designated pursuant to section 5 of article VI of the State Constitution in place of Thacher, J., disqualified.
     