The judgment should be reversed and a new trial granted, with costs to appellant to abide the event, for the reason given in Riehl v. Austin (155 App. Div. 207), decided herewith.
Present — Ingraham, P. J., McLaughlin, Laughun, Scott and Dowling, JJ.
Judgment reversed and new trial ordered, costs to appellant to abide event. Order to be settled on notice.