Opinion
November, 1927.
Appeal from Supreme Court, New York County.
Present — Dowling, P.J., Merrell, Finch, McAvoy and O'Malley, JJ.; Finch, J., dissents.
Order affirmed, with ten dollars costs and disbursements. No opinion.
I dissent and vote to reverse the order appealed from and grant the motion, upon the ground that no custom or usage can control an established rule of law. As directly applicable to the case at bar, see Bigelow v. Legg ( 102 N.Y. 652). (See, also, Gravenhorst v. Zimmerman, 236 N.Y. 22; Wheeler v. Newbould, 16 id. 392, and Higgins v. Moore, 34 id. 417.)