For reasons stated in the opinion of Heaphy v. Kerr (190 App. Div. 810), handed down herewith, the judgment and order should be reversed and a new trial granted, with costs to appellant to abide the event.
Clarke, P. J., Laughlin, Page and Merrell, JJ., concur.
Judgment and order reversed and new trial ordered, with costs to appellant to abide event.