Torts · MBE-tested
Joseph Mensch, as Administrator, etc., of Thomas Robert Mensch, Deceased, Respondent, v. No. 121 Canal Street Company, Inc., Appellant
239 A.D. 817·New York Supreme Court, Appellate Division·1933·NY
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Opinion
Joseph Mensch, as Administrator, etc., of Thomas Robert Mensch, Deceased, Respondent, v. No. 121 Canal Street Company, Inc., Appellant.
Add., 263 N. Y. 557.
[MAJORITY]
Judgment affirmed, with costs. No opinion. Present — Finch, P. J., McAvoy, Martin, O’Malley and Townley, JJ.;' Martin, J., dissents and votes for reversal and dismissal of the complaint, on the ground that the proof did not establish any negligence on the part of the defendant.