Judgment affirmed, with costs, as to defendant Hennessey Realty Company. Judgment reversed and new trial granted, with costs to abide event, as to defendant Polstein, on the ground that the finding did not suffice to charge him with liability.

Concur: Willard Bartlett, Ch. J., Hiscock, Chase, Cuddeback and Hogan, JJ. Dissents as to reversal: Seabury, J. Not sitting: Miller, J.