Opinion
November Term, 1900.
Present — Van Brunt, P.J., Rumsey, Patterson, O'Brien and McLaughlin, JJ.
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.
This case cannot be distinguished from that of Rhodes v. Lewin ( 33 App. Div. 369), and an application of the principles laid down in that case requires us to reverse the order, with ten dollars costs and disbursements, and to deny the motion, with ten dollars costs.