Opinion
Argued November 16, 1926
Decided November 30, 1926
Appeal from the Supreme Court, Appellate Division, Second Department.
Howard G. Wilson, Frederick W. Newton and John C. Wait for appellant.
Arthur C. Hume, Corporation Counsel ( Joseph W. Bryan and Richard E. Fitz Gibbon of counsel), for respondent.
Orders reversed, with costs in this court and Appellate Division, and motion denied, with ten dollars costs. Question certified answered in the negative on the authority of Untermyer v. Beinhauer ( 105 N.Y. 521); Johnson v. A.A.R.R. Co. ( 139 N.Y. 449).
Concur: HISCOCK, Ch. J., CARDOZO, POUND, McLAUGHLIN, CRANE, ANDREWS and LEHMAN, JJ.