Judgment and order reversed, and new trial granted, costs to abide the event, upon the ground that a question of fact was presented which should have been submitted to the jury. Jenks, P. J., Thomas, Mills, Rich and Putnam, JJ., concurred.
Judgment and order reversed, and new trial granted, costs to abide the event, upon the ground that a question of fact was presented which should have been submitted to the jury. Jenks, P. J., Thomas, Mills, Rich and Putnam, JJ., concurred.