
    Anthony Galvano, Appellant, v. City of New York, Respondent.
    Argued April 25, 1941;
    decided May 22, 1941.
    
      Frank Serri for appellant.
    
      William G. Chanler, Corporation Counsel (Edward J. McGratty, Jr., and Paxton Blair of counsel), for respondent.
   Judgments reversed and new trial granted, with costs to abide the event, on the ground a question of fact is presented which should be submitted to the jury. No opinion.

Concur: Lotjghran, Rippey, Lewis, Conway and Desmond, JJ. Dissenting: Lehman, Ch. J., and Finch, J.  