Defendant was not liable for the injuries sustained by plaintiff. (Sweeney v. Spring Products Corp., 257 App. Div. 104, affd. 282 N. Y. 685; Iacono v. Frank & Frank Contracting Co., 259 N. Y. 377.)
Judgment reversed, with thirty dollars costs, and complaint . dismissed on the merits, with costs.
Shientag and Rosenman, JJ., concur; McLaughlin, J., dissents.