Opinion by Barnard, P. J.
Present — Barnard, P. J., Tappen and Talcott, JJ.
Tappen, J., dissented.
Judgment and order reversed and new trial granted, costs to abide the event.
Opinion by Barnard, P. J.
Present — Barnard, P. J., Tappen and Talcott, JJ.
Tappen, J., dissented.
Judgment and order reversed and new trial granted, costs to abide the event.