Kolasky v. City of New York , 258 A.D. 1049 ( 1940 )

Judgment affirmed, with costs. No opinion. Present — Martin, P. J., Glennon, Dore, Cohn and Callahan, JJ.; Cohn, J., dissents and votes to reverse the judgment and grant a new trial upon the ground that on the evidence adduced the issue as to defendant’s negligence was a question of fact for the jury to determine.