As to defendant Gibson's Fish & Chips, Inc., the judgment is affirmed, without costs.
As to defendant Litman, the judgment is reversed on the law, without costs, and new trial granted; and action as to said defendant severed. The questions of fact have not been considered. With respect to defendant Litman, we believe it was prejudicial error for the trial court to refuse to charge the rule of Noseworthy v. City of New York (298 N.Y. 76; see, also, Swensson...
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