
    Mike Berok, Appellant, v. New York Central Railroad Company, Defendant, Impleaded with William Spencer & Son Corporation, Respondent.
   Judgment and order reversed and a new trial ordered, with costs to the appellant to abide the event, upon the ground that an issue of fact was presented as to whether plaintiff’s conduct was such as to result in an irrevocable election to take compensation. (Ellich v. Hamburg-Amerikanische P. A. Gessellschafi, 226 App. Div. 32.) Present — Dowling, P. J., Finch, McAvoy, Martin and O’Malley, JJ.  