Opinion
Argued April 15, 1913
Decided April 29, 1913
Robert W. Candler for appellant.
Michael Schaap and Charles H. Levitt for respondent.
Orders of Appellate Division and Special Term modified so as to sustain demurrer to second cause of action, and as modified affirmed, without costs in this court to either party. First and third questions certified answered in the negative; second question in the affirmative; no opinion.
Concur: CULLEN, Ch. J., GRAY, WERNER, HISCOCK, COLLIN, CUDDEBACK and MILLER, JJ.