
    George L. Middlebrook, Appellant, v. Thomas Auletta, Defendant, and Anthony Auletta, Respondent.
    Argued September 28, 1964;
    decided October 15, 1964.
    
      
      Benjamin H. Siff and Milton H. Goldstricker for appellant.
    
      Benjamin Eigg and Gustave G. Rosenberg for respondent.
   Order reversed and a new trial granted, with costs to abide the event, upon the ground that plaintiff made out a prima facie case of negligence. No opinion.

Concur: Chief Judge Desmond and Judges Van Vooehis, Burke, Scileppi and Bergan. Judges Dye and Fuld dissent and vote to affirm.  