Judgment of Appellate Division reversed and that of Special Term affirmed, with costs in all courts, on opinion of SCOTT, J., in Special Term.
Concur: CULLEN, Ch. J., GRAY, O'BRIEN, BARTLETT, MARTIN and VANN, JJ. Dissenting: HAIGHT, J.
Judgment of Appellate Division reversed and that of Special Term affirmed, with costs in all courts, on opinion of SCOTT, J., in Special Term.
Concur: CULLEN, Ch. J., GRAY, O'BRIEN, BARTLETT, MARTIN and VANN, JJ. Dissenting: HAIGHT, J.