Judgment reversed *713and new trial ordered, with costs to the appellant to abide the event, on the ground that the question of fact should have been submitted to the jury. Present — Dowling, P. J., Merrell, Martin, O’Malley and Proskauer, JJ.
Judgment reversed *713and new trial ordered, with costs to the appellant to abide the event, on the ground that the question of fact should have been submitted to the jury. Present — Dowling, P. J., Merrell, Martin, O’Malley and Proskauer, JJ.