
    Theodore Belcher, Individually and as Administrator of the Estate of Barbara Belcher, Deceased, Appellant, v. Joyce Kesten et al., Defendants, and Metropolitan Tobacco Company, Inc. et al., Respondents. (And Four Other Actions.)
    Argued March 16, 1972;
    decided April 27, 1972.
    
      
      Herbert L. Fine for appellant.
    
      Roger P. McTiernan for respondents.
   Order insofar as it dismisses the complaint reversed and a pew trial granted, with costs to abide the event, on the ground that questions of fact were presented for the jury.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.  