Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event. See opinion filed in companion case of Robbins v. Boyer (ante, p. 449), decided herewith. All concur. (Appeal from a judgment dismissing plaintiff’s complaint in a negligence action.) Present — MeCurn, P. J., Vaughan, Kimball, Piper and Wheeler, JJ. [See 284 App. Div. 836.]