Motion granted. Judgment reversed and new trial ordered, -with costs to appellant to abide the event. Order entered January 6, 1928, as resettled January 24, 1928, vacated. Present — Dowling, P. J., Merrell, Martin, O’Malley and Proskauer, JJ.
Motion granted. Judgment reversed and new trial ordered, -with costs to appellant to abide the event. Order entered January 6, 1928, as resettled January 24, 1928, vacated. Present — Dowling, P. J., Merrell, Martin, O’Malley and Proskauer, JJ.