
    Angelo Capone, Plaintiff, v. The City of New York, Defendant.
    Plaintiff’s exceptions overruled and motion for new trial denied, and judgment unanimously directed for defendant dismissing the complaint, with costs, upon the ground that we conclude that the cause of action alleged in the complaint, and stated by plaintiff’s counsel in his opening, was for negligence.
   Present — Jenks, P. J., Mills, Rich, Blaekmar and Kelly, JJ.  