
    Charles F. Kirk, Respondent, v. Peerless Camera Stores, Inc., Appellant.
    Supreme Court, Appellate Term, First Department,
    February 17, 1948.
    
      Charles F. Kirk, respondent in person.
    
      William Indursky and Jacob Neuthaler for appellant.
   Per Curiam.

Plaintiff. delivered the .film to - defendant with the knowledge that a third person wou,ld process it. Under-the circumstances defendant cannot be held liable as it exercised due care in selecting the processor.

The judgment should be reversed, with $30 costs, and judgment directed for defendant, with costs.

Eder and Hecht, JJ., concur.

Hammer, J., I dissent and vote for affirmance.

Judgment reversed, etc.  