Judgment and order reversed, with costs, and judgment of City Court affirmed, with costs. All concurred, except Kruse, J., who dissented upon the ground stated by the court at Special Term, and further that the charge was erroneous.
Judgment and order reversed, with costs, and judgment of City Court affirmed, with costs. All concurred, except Kruse, J., who dissented upon the ground stated by the court at Special Term, and further that the charge was erroneous.