Judgment reversed, with costs, and judgment ordered for plaintiff, with costs. No opinion. Present — Clarke, P. J., Dowling, Smith, Finch and McAvoy, JJ.; Smith, J., dissenting.
Judgment reversed, with costs, and judgment ordered for plaintiff, with costs. No opinion. Present — Clarke, P. J., Dowling, Smith, Finch and McAvoy, JJ.; Smith, J., dissenting.