MIRABELLA v. THIEM

Judgments reversed and a new trial granted, with costs to abide the event, upon the ground that the evidence presented questions of fact for the jury. No opinion.

Concur: LEWIS, Ch. J., CONWAY, DYE and FROESSEL, JJ. DESMOND and FULD, JJ., dissent on the memorandum of the Appellate Division. Taking no part: VAN VOORHIS, J.