
    Henry Weiss, Respondent, v. Phoenix Commercial Co., Inc., Appellant.
   Judgment reversed upon the law and a new trial granted, costs to abide the event. The court erred in refusing to charge at folio 497. On the proof in this record the applicability of section 257 of the Labor Law does not sufficiently appear. Lazansky, P. J., Carswell, Scudder, Tompkins and Davis, JJ., concur.  