(See 261 N.Y. 690; 262 N.Y. 521.)
Judgment of the Appellate Division reversed and judgment of the Trial Term affirmed, with costs in this court and in the Appellate Division. No opinion.
Concur: POUND, Ch. J., KELLOGG, O'BRIEN and HUBBS, JJ. CRANE, LEHMAN and CROUCH, JJ., dissent and vote to modify the judgment of the Appellate Division by granting a new trial. *Page 567