Liebowíitz v. Long Island Railroad

concurs, being further of the opinion that the proof of the defendant’s negligence was not sufficient to go to the jury.

DOWLING and DAVIS, JJ., dissent, and vote for affirmance.

For the reasons given in Max Liebowitz against this defendant, supra, decided herewith, I am of opinion that the judgment and order appealed from should be reversed, and a new trial ordered, with costs to the appellant to abide the event. Order filed.

CLARKE, P. J., concurs.’