
    John Green, Respondent, v. Payne Whitney and Others, as Executors, etc., of Oliver H. Payne, Deceased, Appellants.
   Judgment reversed on the law, and complaint dismissed, with costs, on authority of Lafrinz v. Whitney (233 N. Y. 107), reversing the decision of the Appellate Division [195 App. Div. 131] on which the learned justice at Special [Trial] Term relied. Blaekmar,' P. J., Rich, Jaycox, Manning and Kelby, JJ., concur.  