Opinion
Argued February 26, 1912
Decided March 19, 1912
D-Cady Herrick and James M. Beck for appellant.
Thomas Carmody, Attorney-General ( John G. Agar, James F. Tracey and J.A. Kellogg of counsel), for respondent.
Edward W. Hatch and Mynderse Van Cleef for Cornell University, defendant.
Judgment affirmed, with costs, on the authority of our former decision in this case ( 187 N.Y. 142).
Concur: GRAY, HAIGHT, WERNER and CHASE, JJ. WILLARD BARTLETT, J., votes for modification in accordance with the dissenting opinion of KELLOGG, J., below. Dissenting: CULLEN, Ch. J., and COLLIN, J.