| N.Y. App. Div. | Apr 28, 1959
Judgment, so far as appealed from, affirmed, with costs to the respondent. Concur — Botein, P. J., Breitel and Rabin, JJ.; Valente and McNally, JJ., dissent and vote to reverse and dismiss the complaint on the ground that the policeman, at the time he allegedly dropped the revolver, was not engaged in the city’s business and had not entered upon the performance of any of the duties of Ms employment.