— Judgment, so far as appealed from, affirmed, with costs. No opinion. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.; Townley, J., dissents and votes to reverse the judgment, so far as appealed from, and dismiss the complaint, on the authority of Fritz v. Krasne (248 App. Div. 573; affd., 273 N. Y. 649).
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