Judgment of Appellate Division reversed, with costs in this court and in the Appellate Division, and judgment of Trial Term affirmed. The record presents questions of fact which were properly submitted to the jury. No opinion.
Concur: LOUGHRAN, FINCH, RIPPEY, LEWIS and CONWAY, JJ. Dissenting: LEHMAN, Ch. J., and SEARS, J. *Page 725