Judgment unanimously affirmed, with costs. The negligent act complained of in the present case was an act on the part of Soraee in carrying out the work in hand, and even if he is to be regarded as a superintendent at the time, his act in leaving the work to go to the telephone, with the men working below unprotected, imposed no liability upon the defendant. Present —• Kelly, P. J., Rich, Jaycox Young and Kapper, JJ.