
    Frank Messina, Sometimes Known as Frank De Cola, Respondents, v. The United States Mortgage and Trust Company, as Receiver of the Brooklyn Wharf and Warehouse Company, Appellant.
   — Judgment andorder reverseu and new trial granted, costs to abide the event, on thé authority of Vogel v. American Bridge Co. (180 N. Y. 373) and Agresta v. Stevenson (112 App. Div. 367). Hirschberg, P. J., Woodward, Hooker, Rich and Miller, JJ., concurred.  