(Conway v. Naylor, 222 N. Y. 437; Dollard v. Roberts, 130 N. Y. 269; Palmer v. Dearing, 93 N. Y. 7; Leshinsky v. Cohen, 262 App. Div. 775.) Judgment reversed on the law and a new trial granted, with costs to appellant to abide the event. Close, P. J., Carswell, Johnston, Adel and Taylor, JJ., concur.
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