Judgment reversed and final judgment ordered in favor of defendants, dismissing the plaintiff's complaint, without costs. The remittitur to be in the form of that in the case of Kriete v. New York and Harlem Railroad Company (175 N.Y. 484); no opinion.
Concur: PARKER, Ch. J., O'BRIEN, BARTLETT, HAIGHT, MARTIN and CULLEN, JJ. Not sitting: GRAY, J.