Ingraham, J.:
The same question is presented in this case as in the case of Doyle v. Foster, No. 1 (128 App. Div. 279), decided herewith. For the reasons there stated the judgment appealed from must be reversed and a new trial ordered, with costs to the'appellant to abide the event.
Patterson, P. J., Laughlin, Clarke and Scott, JJ., concurred.
Judgment reversed, new trial ordered, costs to appellant to abide event.