I dissent for the same reasons upon which I based my dissent upon the former appeal, which grounds have been since sustained by the Court of Appeals in the case of Peabody v. Satterlee, 166 N. Y. 174, 59 N. E. 818, 52 L. R. A. 956, where the precise question involved seems to have been disposed adversely to the position taken by this court upon the former appeal.
O’BRIEN, J., concurs.