Opinion
Argued October 27, 1909
Decided October 27, 1909
Robert Stewart and Wendell P. Barker for appellant.
John J. Fitzgerald and William S. Butler for respondent.
Order of Appellate Division reversed and that of Special Term affirmed, without costs; no opinion.
Concur: CULLEN, Ch. J., VANN, WERNER, WILLARD BARTLETT, HISCOCK and CHASE, JJ. Absent: GRAY, J.