Opinion
June, 1919.
Present — Jenks, P.J., Mills, Putnam, Kelly and Jaycox, JJ.
Judgment and order reversed, and complaint unanimously dismissed, without costs, upon condition that defendant stipulate to waive any statute of limitations which might bar plaintiff in case plaintiff, within one year, brings an action in the State of Pennsylvania; upon the ground that we consider that our decision and memorandum in Woicianowicz v. Philadelphia Reading Coal Iron Co. ( 186 App. Div. 906), decided by us in November, 1918, are applicable to this case. Otherwise, judgment and order unanimously affirmed, with costs.