Kaston v. Zimmerman

Judgment affirmed, with costs. No opinion. Present —■ Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.; Dowling and Page, JJ., dissenting and voting to reverse the judgment and dismiss the complaint upon the ground that, in their opinion, the case upon the evidence is not brought within the rule laid down in either the majority or minority opinion of this court on the prior appeal in this ease (192 App. Div. 511).