
    Daniel M. Gerard, Respondent, v. T. A. Clarke Company, Appellant.—
   Judgment and order reversed upon the law and the facts and a new trial granted, costs .to abide the event. There is a defect in the proof with respect to the financial ability of the proposed purchasers. (Alt v. Doscher, 102 App. Div. 344; Rosenblatt v. Bergen, 202 id. 220; Mackay v. Tide Water Oil Co., 186 id. 1.) This disposition makes it unnecessary at this time to pass upon the other questions urged on this appeal. Lazansky, P. J, Rich, Kapper, Hagarty and Carswell, JJ., concur.  