This case involves the same question as the case of Kane Company v. Kinney, which we have just decided. (174 N. Y. 69.) The two cases were argued *511 together and are governed by the same legal principles. On the authority of that case the judgment of the Appellate Division must be reversed and a new trial granted, with costs to the appellant to abide the event.

Paekeb, Oh. J., Babtlett, Mabtin, Yann, Cullen and Webneb, JJ., concur.

Judgment reversed, etc.