Opinion
December, 1905.
The discussion on the reargument has not convinced us that this case is controlled by Schapp v. Bloomer ( 181 N.Y. 125). We, therefore, adhere to our former decision, reported in 102 Appellate Division, 324. — Judgment and order reversed and new trial granted, costs to abide the event. Hirschberg, P.J., Woodward, Jenks, Rich and Miller, JJ., concurred.