AVERY v. ORDER OF ST. BASIL THE GREAT

Order affirmed, with costs; no opinion.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN. Judge KEATING dissents and votes to reverse and grant a new trial on the ground that there were questions of fact, properly presented to the jury under an adequate charge, both as to breach of a duty owed to plaintiff by defendant and as to plaintiff's freedom from contributory negligence.