The facts disclosed by the evidence in the present case do not differ in any material particular from those involved in Dolan v. Herring-Hall-Marvin Safe Co. (105 App. Div. 366). Upon the authority of that case the judgment must be reversed and a new trial granted, with costs to the appellant to abide the event. Present — Patterson, P. J., Laughlin, Houghton, Scott and Lambert, JJ. Judgment and order reversed, new trial ordered, costs to appellant to abide event.