The facts in this case, as found by the court, supported by the evidence, are, in substance, the same as those involved in the case of Barnes v. Long Island Real Estate Co. (88 App. Div. 83), and the decision of the court below being in conformity with that case, we discover no reason fora reversal of. the judgment. The judgment appealed from should be affirmed. Jenks, Hooker, Gaynor and Miller, JJ., concurred. Judgment affirmed, with costs.