The appeal in the above-entitled action was argued with the appeal in Joseph Metzger, appellant, against the same defendants, and involved the questions determined in that action. For the reason stated in the opinion in the case of Metzger against the same defendants (214 N. Y. 26) the judgment of the Appellate Division in this case should be affirmed, with costs.

Willard Bartlett, Ch. J., Hiscock, Chase, Collin, Miller and Cardozo, JJ., concur.

Judgment affirmed.