Judgment and order reversed, with costs, and the motion denied, with ten dollars costs. No opinion. Present — Finch, P. J., Merrell, Townley, Glennon and Untermyer, JJ.; Merrell, J., dissents and votes for affirmance.
Judgment and order reversed, with costs, and the motion denied, with ten dollars costs. No opinion. Present — Finch, P. J., Merrell, Townley, Glennon and Untermyer, JJ.; Merrell, J., dissents and votes for affirmance.