Opinion
November, 1907.
Present — Patterson, P.J., Laughlin, Houghton, Scott and Lambert, JJ.
The facts disclosed by the evidence in the present case do not differ in any material particular from those involved in Dolan v. Herring-Hall-Marvin Safe Co. ( 105 App. Div. 366). Upon the authority of that case the judgment must be reversed and a new trial granted, with costs to the appellant to abide the event.
Judgment and order reversed, new trial ordered, costs to appellant to abide event.