Judgment affirmed, with costs. All concur, except Sears, P. J., and Thompson, J., who dissent and vote for reversal on the facts and for granting a new trial. (The judgment dismisses a claim for damages sustained in an automobile accident resulting from a defect in the roadway.) Present — Sears, P. J., Taylor, Thompson, Crosby and Lewis, JJ. [154 Misc. 707.]