The parties hereto having stipulated in open court that this case may be disposed of by a court of four, the decision is as follows: Judgment unanimously affirmed, with costs, for the reasons stated in Blaisdell v. Long Island Railroad Co. (152 App. Div. 218), on the question of liability. Any evidence received upon the second trial, not adduced upon the first, is purely cumulative, and does not piece out a cause of action. Present—Jenks, P. J., Thomas, Stapleton and Rich, JJ.