Opinion
July, 1906.
Judgment modified so as to render it one of nonsuit instead of upon the merits, and as modified judgment and order affirmed, without costs. (See Crecelius v. City of New York. 114 App. Div. 801, decided herewith.) Hirschberg, P.J., Woodward and Rich, JJ., concurred; Jenks, J., dissented.