As the issues in this case are in all respects similar to those involved in the case of E. T. C. Corp. v. Title Guarantee & Trust Co. (246 App. Div. 226), argued at the same time and decided herewith, the judgment should be reversed and a new trial granted, with costs to the appellant to abide the event, for the reasons there stated.
Present — Martin, P. J., O’Malley, Untermyer and Cohn, JJ.
Judgment reversed and a new trial ordered, with costs to the appellant to abide the event.