
    Rosalind Seltzer, an Infant, by Nathan Seltzer, Her Guardian ad Litem, et al., Respondents, v. Miles Shoes, Inc., Defendant, and Murray M. Rosenberg, Inc., Defendant-Appellant.
    Supreme Court, Appellate Term, First Department,
    January 22, 1943.
    
      
      Goldfarb & Fleece for appellant.
    
      Robert H. Talsky for respondents.
   Per Curiam.

The testimony by the infant’s mother of an admission by defendant’s manager several days after the sale was inadmissible. There was no competent evidence of a defect readily observable by one who understood shoes or which might be found by inspection alone.

Judgment reversed and a new trial ordered, with thirty dollars costs to appellant to abide the event.

Hammer and McLaughlin, JJ., concur; Miller, J., dissents.  