Opinion
February, 1906.
Present — Patterson, Ingraham, Laughlin and Clarke, JJ.
We are all of opinion that the case of Hutchinson v. Simpson ( 92 App. Div. 382) is decisive of this appeal; but were it not for the controlling authority thereof Justices Laughlin and Clarke would dissent on the grounds stated in the dissenting opinion therein. It follows that the judgment should be affirmed, with separate bills of costs to the respondents appearing separately, with leave to plaintiff to serve an amended complaint within twenty days from the service of the order to be entered hereon, on payment of the costs in this court and in the court below.
Judgment affirmed, with separate bills of costs to respondents appearing separately, with leave to plaintiff to amend on payment of costs in this court and in the court below. Order filed.