¶1This case does not differ in any material respect from that of the Same Plaintiff against Onderdonk, 21 N. Y. Supp. 19, and the points presented are the same as are involved in the appeal therein. The judgment and order appealed from must'be affirmed, with costs and disbursements.
¶2VAN BRUNT, P. J., and O’BRIEN, J., concur in result.