The question presented on this appeal is similar to the one presented in action No. 1 between the same parties (150 App. Div. 118), decided herewith, and for the reasons given in the opinion in that case the judgment and order here appealed from are reversed and a new trial ordered, with costs to appellant to abide event.
Ingraham, P. J., Clarke, Scott and Dowling, JJ., concurred.
Judgment reversed, new trial ordered, costs to appellant to abide event.