Interlocutory judgment reversed upon the law and the facts and a new trial granted, costs to appellant to abide the event, upon the ground that the finding of the jury is against the weight of the evidence. Findings of fact and conclusions of law inconsistent herewith are reversed. Lazansky, P. J., Seudder and Tompkins, JJ., concur; Kapper and Hagarty, JJ., dissent and vote to affirm. Settle order on notice.