Judgment and order reversed and new trial granted, costs to abide the event, upon the ground that the issues should have been submitted to the jury. Woodward, Jenks, Burr and Thomas, JJ., concurred; Hirschberg, P. J., not voting.
Judgment and order reversed and new trial granted, costs to abide the event, upon the ground that the issues should have been submitted to the jury. Woodward, Jenks, Burr and Thomas, JJ., concurred; Hirschberg, P. J., not voting.