
    Irving B. Thorne, M. D., Respondent, v. Columbia Cab Corporation and Another, Appellants.
    
    Supreme Court, Appellate Term, First Department,
    June 21, 1938.
    
      Irving L. Levinson [Harold Davis of counsel], for the appellants.
    
      Walter J. Hampton, Jr. [Victor D. Borst, Jr., of counsel], for the respondent.
    
      
       Revg. 167 Misc. 72.
    
   Per Curiam.

The finding of the trial judge that the accident occurred as a result of the negligence of the defendants is not sustained by the proofs.

Judgment reversed, with costs, and complaint dismissed, with costs.

Frankenthaler and Shientag, JJ., concur; Noonan, J., dissents.

Noonan, J.

(dissenting). I dissent and vote for a modification reducing the recovery to $2,000.  