Judgment of Appellate Division affirmed and order reversed, with costs to plaintiff in this court and in Appellate Division in first action. Judgment of Appellate Division affirmed and order reversed, without costs in second action; no opinion.
Concur: COLLIN, HOGAN, POUND, ANDREWS and ELKUS, JJ. Dissenting: HISCOCK, Ch. J., and McLAUGHLIN, J. *Page 570