
    Fitzgibbons Boiler Company, Appellant, v. Manhasset Realty Corporation, Respondent.
    
      Fitzgibbons Boiler Co. v. Manhasset Realty Corp., 135 App. Div. 764, reversed.
    (Submitted February 16, 1910;
    decided March 4, 1910.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered October 15, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action for conversion.
    
      A. H. Gleason for appellant.
    
      Charles I. McBurney for respondent.
   Judgment reversed and new trial granted, costs to abide event, on dissenting opinion of Scott, J., below.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Vann, Werner and Hiscook, JJ.  