
    Frank Avignone, Respondent, v. Sixcorn Realty Corp., Defendant, et al., Appellant.
    Argued October 10, 1946;
    decided November 14, 1946.
    
      
      Patrick E. Gibbons and E. C. Sherwood for appellant.
    
      Morris Cooperstein and Jacob W. Friedman for respondent.
   Judgments reversed and complaint dismissed, with costs in all courts, upon the ground that there was no evidence of defendant’s negligence. No opinion.

Concur: Loughban, Ch. J., Thacheb, Dye and Fuld, JJ. Lewis, Conway and Desmond, JJ., dissent and vote for reversal and a new trial.  