Newman v. Interborough Rapid Transit Corp.

We are of opinion that the plaintiff failed to establish any negligence on the part of the defendant (Putnam v. Broadway & Seventh Avenue Railroad Co., 55 N. Y. 108) and that the complaint was properly dismissed upon the merits. (See opinion in Kagan v. Avallone, 243 App. Div. 437.)

The judgment appealed from should be affirmed, with costs.

Present-Martin, P. J., Merrell, McAvoy, O’Malley and Untermyer, JJ. Judgment affirmed, with costs.