
    Walter Modzelewski, Respondent, v. Beacon Falls Rubber Shoe Company, Appellant, and W. A. Lennon, Inc., Defendant.
   Judgment reversed upon the law, with costs, and complaint dismissed, with costs. The facts show that the act of negligence did not occur “ during the life of the permitted use.” (Grant v. Knepper, 245 N. Y. 158.) In view of this decision the appeal from the order denying motion for a new trial is dismissed. Lazansky, P. J., Rich, Kapper, Hagarty and Scudder, JJ., concur.  