Judgment reversed upon the law and a new trial granted, costs to the appellant to abide the event. In our opinion, the plaintiff made a prima facie ease which required the submission of the questions of fact to the jury. (See Hannon v. City of New York, 232 App. Div. 830; Bourg v. General Outdoor Advertising Co., Id. 601; Anderson v. McNulty Brothers, 149 id. 735.) Lazansky, P. J., Young, Kapper, Seudder and Tompkins, JJ., concur.