
    Theresa Luesenhop, Appellant, v. Barbaba Einsfeld, Respondent.
    
      Luesenhop v. Einsfeld, 93 App. Div. 68, reversed.
    (Argued March 15, 1906;
    decided April 3, 1906.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 18, 1904, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term.
    
      Eugene Van Voorhis for appellant.
    
      Charles Diebold, Jr., for respondent.
   Judgment. reversed and new trial granted, costs to abide event, on dissenting opinion of Hisoook, J.'' below.

Concur: Cullen, Ch. J., Gray, Edward T. -Bartlett, Yann, Willard Bartlett and Chase, JJ. Dissenting: Haight, J.  