Judgment affirmed, with costs. (Murphy v. Steeplechase Amusement Co., 250 N.Y. 479; Shaw v. Atlantic Amusement Co., 228 App. Div. 850, affd. 258 N.Y. 570; Berkenstat v. Oliver, 275 App. Div. 679.)
Nolan, P. J., and Kleinfeld, J., dissent and vote to reverse the judgment and to grant a new trial, with the following memorandum:
Plaintiff established a prima facie case on the theory that defendant permitted the amusement device to continue...
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