¶1We think this case was correctly disposed of by the court below on the authority of Bemheimer v. Herraran, 44 Hun, 110, decided in this department, and which, for that reason, we should follow, rather than Sage v. Burton, 84 Hun, 267, elsewhere decided by a divided court.
¶2Present: Beekman, P. J., Giegerich and O’Gorman, JJ.
¶3Judgment affirmed, with costs.