Canino v. Pierce (276 A.D.2d 1051, 1950)

All concur as to the reversal and dismissal of the complaint as to defendant Sehriber; all concur as to the reversal and new trial as to defendant Pierce, except McCurn, J., who dissents and votes for affirmance as to the defendant Pierce. (See Caveney v. McCrory Stores Corp., 219 App. Div. 853.) (The judgment appealed from is for plaintiff in a negligence action. The order denies a motion for a new trial.) Present — Taylor, P. J., McCurn, Love, Kimball and Piper, JJ.