Humbert J. Fugazy, Appellant, Respondent, v. MacDougal Amusement Co., Inc., and Others, Defendants, Appellants, and Leopold Prince, Defendant, Respondent

Humbert J. Fugazy, Appellant, Respondent, v. MacDougal Amusement Co., Inc., and Others, Defendants, Appellants, and Leopold Prince, Defendant, Respondent. [MAJORITY] On plaintiff’s appeal order affirmed, with costs to respondent Leopold Prince against plaintiff, appellant; and on appeal by defendants judgment reversed and a new trial ordered with costs to defendants, appellants, to abide the event, upon the ground that the verdict was against the weight of the evidence as against all defendants. Present — Dowling, P. J., Merrell, Martin, O’Malley and Proskauer, JJ.; Merrell, J., dissents and votes for affirmance on the defendants’ appeal and reversal on the plaintiff’s appeal, and for judgment in favor of plaintiff against all defendants.