
    ROTHSCHILD, Appellant, v. BOARD OF EDUCATION OF CITY OF ROCHESTER, Respondent.
    (Supreme Court, Appellate Division, Fourth Department.
    April 28, 1915.)
    Action by Meyer Rothschild against the Board of Education of the City of Rochester.
   PER CURIAM.

Judgment and order reversed, and new trial granted, with costs to appellant to abide event. Held that, for the purposes of the motion for judgment, the allegations of the complant as to the corporate existence of defendant were controlling, and such corporate existence must be presumed in the determination of the motion.

KRUSE, P. J., and MERRELL, J., dissent.  