Judgment in favor of plaintiff upon the second cause of action affirmed, with costs. Order granting a new trial as to the first and third causes of action affirmed and judgment absolute ordered against appellant upon the stipulation, with costs in all courts; no opinion.
Concur: CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ. *Page 616