
    FISK RUBBER CO. v. TIMES SQUARE AUTOMOBILE CO.
    (Supreme Court, Appellate Term.
    November 30, 1909.)
    Appeal from City Court of New York, Trial Term.
    Action by the Fisk Rubber Company against the Times Square Automobile Company. From a judgment for plaintiff and an order denying a new trial, defendant appeals.
    Reversed, and new trial ordered.
    Argued before GILDERSLEEVB, P. J., and SEABURY and LEHMAN, JJ.
    William Paul Buchler, for appellant.
    Truax & Watson, for respondent.
   PER CURIAM.

Order and judgment reversed, and new trial ordered, with costs to appellant to abide the event, upon the opinion in Levinson v. Zipkin (City Court Judgment, October Term, 1909) 119 N. Y. Supp. 680.  