The judgment and order should be reversed and a new trial ordered, with costs to appellant to abide the event, on opinion in Gangi v. Fradus (180 App. Div. 869), handed down herewith. The finding that plaintiff’s son was free from contributory negligence is reversed.
Clarke, P. J., and Shearn, J., concurred; Scott and Page, JJ., dissented.
Judgment and order reversed, new trial ordered, costs to appellant to abide event.