Opinion
March Term, 1901.
Present — Van Brunt, P.J., Rumsey, O'Brien, McLaughlin and Hatch, JJ.
Judgment affirmed, with costs, but with leave to plaintiff to amend complaint on payment of costs in this court and in the court below.
The judgment should be affirmed, with costs, on the opinion of Judge McAdam at Special Term (reported 33 Misc. Rep. 622), but with leave to the plaintiff to amend the complaint upon payment of costs in this court and in the court below.