
    McHALE v. FOSTER.
    (Supreme Court, Appellate Term, First Department.
    June 16, 1915.)
    Appeal from City Court of New York, Special Term.
    Action by Richard McHale, an infant, by Richard McHale, guardian ad litem, against Roger Foster. From an order granting defendant’s motion to preclude plaintiff from offering evidence in reference to an allegation of the complaint, plaintiff appeals.
    Reversed.
    Argued June term, 1915, before GUY, BIJUR, and PAGE, JJ.
    Samuel Deutsch, of New York City, for appellant.
    Jacob J. Aronson, of New York City (Roger Foster, of New York City, of counsel), for respondent.
   BIJUR, J.

The order is reversed, for the reasons set forth in the opinion in Order No. 5 (McKeown v. Foster, 153 N. Y. Supp. 983), with costs. All concur.  