Order reversed and a new trial granted, with costs to abide the event, upon the ground that, on the record before us, plaintiff must be deemed an invitee and that questions of fact exist for determination by the jury as to defendant’s negligence and proximate cause.
Concur: Chief Judge Desmond and Judges Fuld, Burke, Bergan and Keating. Judge Scileppi dissents and votes to affirm in the following memorandum in which Judge Van Voorhis concurs.