Modzelewski v. Beacon Falls Rubber Shoe Co.

Judgment reversed upon the law, with costs, and complaint dismissed, with costs. The facts show that the act of negligence did not occur “ during the life of the permitted use.” (Grant v. Knepper, 245 N. Y. 158.) In view of this decision the appeal from the order denying motion for a new trial is dismissed. Lazansky, P. J., Rich, Kapper, Hagarty and Scudder, JJ., concur.