O'Brien v. Literary Society of St. Catherine of Siena 269 A.D. 1019

Judgment affirmed, with costs. No opinion. Martin, P. J., and Callahan, J., dissent and vote to reverse the judgment appealed from and dismiss the complaint on the ground that the negligence of defendant, particularly with respect to the element of notice, was not established by a fair preponderance of evidence. Present — Martin, P. J., Dore, Cohn, Callahan and Peek, JJ.