Judgment reversed and new trial ordered, with costs to appellant to abide event, upon the authority of Palmer v. Scheftel (183 App. Div. 77). Present — Clarke, P. J., Laughlin, Dowling, Smith and Merrell, JJ ; Laughlin, J., dissented.
Judgment reversed and new trial ordered, with costs to appellant to abide event, upon the authority of Palmer v. Scheftel (183 App. Div. 77). Present — Clarke, P. J., Laughlin, Dowling, Smith and Merrell, JJ ; Laughlin, J., dissented.