
    CARCIONE, Respondent, v. McDONALD, Appellant.
    (Supreme Court, Appellate Division, Second Department.
    January 19, 1912)
    Action by Antonio Carcione against John B. McDonald and Andrew Onderdonk, defendant.
   PER CURIAM.

Judgment and order reversed, and new trial granted, costs to abide the event, for the refusal to charge the second request presented by the defendant at folio 200 of the case on appeal. See, also, 136 App. Div. 896, 120 N. Y. Supp. 1116.

BURR, J.,

concurs, without passing upon other questions in the case.  