Determination of the Appellate Term and judgment of the Municipal Court reversed and new trial ordered, with costs in all courts to the appellant to abide the event, on the authority of Lynott v. Great Lakes Transit Corp. (202 App. Div. 613; affd., 234 N. Y. 626); Tammis v. Panama R. R. Co. (202 App. Div. 226). Present — Clarke, P. .J., Smith, Merrell, Finch and McAvoy, JJ.
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