Judgment and order affirmed, with costs. All concurred, except McLennan, P. J., and Kruse, J., who dissented upon the ground that the plaintiff’s claim is not established by clear and convincing evidence.
Judgment and order affirmed, with costs. All concurred, except McLennan, P. J., and Kruse, J., who dissented upon the ground that the plaintiff’s claim is not established by clear and convincing evidence.