¶1 Judgment of the Appellate Division reversed and that of the Trial Term affirmed, with costs in this court and in the Appellate Division, on the ground the evidence presented a question of fact for the jury. No opinion.
¶2 Concur: Crane, Ch. J., Lehman, O’Brien, Lottghran, Finch and Rippey, JJ. Taking no part: Hubbs, J.