The opinion
Pee Curiam:
For the reasons stated in Dippolito v. Brown ( 148 App. Div. 116 ), decided herewith, the exceptions are sustained and a new trial granted with costs to plaintiff to abide the event.
Present — Ingraham, P. J., Clarke, Scott, Miller and Dowling, JJ.
Exceptions sustained and new trial granted, with costs to plaintiff to abide event. Order to be settled on notice.