Order affirmed, with ten dollars costs and disbursements. All concur, except Davis, J., who dissents on the ground that the identity of the cases is not the same, and upon the authority of Tafel v. Tafel (169 App. Div. 417).
Order affirmed, with ten dollars costs and disbursements. All concur, except Davis, J., who dissents on the ground that the identity of the cases is not the same, and upon the authority of Tafel v. Tafel (169 App. Div. 417).