¶1The cause of action, pleadings and evidence herein, are almost identical with those in Labowitz v. Frankfort and Spero, ante, page 275, and the same questions of fact and law arose upon the trial herein. For the reasons stated in the opinions this day filed in Labowitz v. Frankfort and Spero, ante, page 275, the judgment and order appealed from must be affirmed, with costs to the respondent.
¶2Fitzsimons, J., concurs.
¶3Judgment and order affirmed.