Gregory v. Milvo & Whaling, Inc.

Judgment and order reversed, on the law and facts, in the interests of justice, and new trial granted, with costs to the appellant to abide the event. The issue as to negligence is close; and it cannot be said that the examination of plaintiff by the court did not affect the result. (See Bolte v. Third Ave. R. R., 38 App. Div. 234.) Hill, P. J., Rhodes, McNamee, Crapser and Bliss, JJ., concur.