Order reversed, with ten dollars costs, and order of reference, referee’s report and judgment are set aside, and new trial granted, with costs to appellant to abide the event, upon the authority of Cronon v. Avery (42 Misc. Rep. 1); Stebbins v. Brown (65 Barb. 272) and Carroll v. Lufkins (29 Hun, 17). All concur.
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