Graziano v. Hires Turner Glass Co.

Judgment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: This record presented a factual issue to be passed upon by a jury. All concur, except Henry, J., who dissents and votes to affirm. (Appeal from a judgment of Monroe Trial Term dismissing the complaint on the merits in an automobile negligence action.) Present — Williams, P. J., Bastow, Henry, Noonan and Del Vecchio, JJ.