This case involves the same question as the case of KaneCompany v. Kinney, which we have just decided. (174 N.Y. 69.) The two cases were argued *Page 511 together and are governed by the same legal principles. On the authority of that case the judgment of the Appellate Division must be reversed and a new trial granted, with costs to the appellant to abide the event.
PARKER, Ch. J., BARTLETT, MARTIN, VANN, CULLEN and WERNER, JJ., concur.
Judgment reversed, etc.