Order reversed, with $10 costs and disbursements, and motion denied.
If it be assumed, as plaintiffs assert, that the proof submitted was sufficient to establish negligence prima facie on the part of defendant, judgment in favor of plaintiffs was, nevertheless, not warranted as a matter of law (Rules Civ. Prac., rule 113; George Foltis, Inc., v. City of New York, 287 N.Y. 108; Nixon v. New York Cent. R. R. Co.,
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